United States v. Pitera

MINER, Circuit Judge: 1

Defendant-appellant Thomas Pitera appeals from an Order entered in the United States District Court for the Eastern District of New York (Dearie, J.) denying his motion to compel post-conviction DNA testing of six items pursuant to the Innocence Protection Act (the “Act”). 18 U.S.C. § 3600-3600A (2006). Pitera contends that the testing of these items will provide evidence exonerating him from his conviction for the murder of three persons in furtherance of a continuing criminal enterprise. The District Court determined that Pitera failed to demonstrate that the proposed…