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Criminal

Sep. 22, 2011

Judge exceeded authority in DNA testing, panel says

A 9th Circuit panel ruled Tuesday that U.S. District Judge Charles R. Breyer of San Francisco exceeded his authority by ordering DNA testing as a condition of parole for a man convicted of drug possession.

By John Roemer
Daily Journal Staff Writer

A 9th Circuit panel ruled Tuesday that U.S. District Judge Charles R. Breyer of San Francisco exceeded his authority by ordering DNA testing as a condition of parole for a man convicted of misdemeanor possession of methamphetamine.

The ruling came on the day the circuit cancelled an en banc proceeding in a different case over mandatory DNA collection from arrestees, holding the appeal is moot because the defendant in the und...

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