United States v. Michael E. McCarthy

¶1 Michael McCarthy appeals the district court’s 1 order denying his motion under 18 *621 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.