Opinion
No. 06-1570.
Submitted: February 16, 2007.
Filed: February 22, 2007.
Appeal from the United States District Court for the Western District of Missouri.
Michael E. McCarthy, Terre Haute, IN, pro se.
K. Michael Warner, Asst. U.S. Atty., Kansas City, MO (Bradley J. Schlozman, U.S. Atty., on the brief), for appellee.
Before RILEY, MAGILL, and MELLOY, Circuit Judges.
[UNPUBLISHED]
Michael McCarthy appeals the district court's order denying his motion under 18 U.S.C. § 3600 for DNA testing. Because we agree with the district court that McCarthy was not entitled to have DNA samples retested under the language of 18 U.S.C. § 3600(a)(3)(A) ("specific evidence to be tested . . . was not previously subjected to DNA testing"), we affirm. See 8th Cir. R. 47B.
The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.