Opinion
Cr. S-09-264 KJM.
November 2, 2009
ORDER
Defendant is charged in an Information with eleven counts, some misdemeanors, some petty offenses. On October 22, 2009, the court ordered defendant released on conditions; one of these requires him to submit to DNA testing at the direction of the U.S. Attorney's Office. Defendant has now filed a motion to strike this condition.
In light of the challenge to such a condition currently pending in the Ninth Circuit, the court will stay the condition.
IT IS THEREFORE ORDERED that:
1. The condition of defendant's release requiring him to submit to DNA testing is hereby stayed pending the Ninth Circuit's decision in United States v. Pool, Case No. 09-10303; and
2. The hearing set for November 5, 2009, at 10:00 a.m. is hereby vacated.