U.S. v. PITERA

Docket No. 10-1564-cr.

675 F.3d 122 (2012)

UNITED STATES of America, Appellee, v. Thomas PITERA, aka Thommy Karate, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 3, 2012.


Attorney(s) appearing for the Case

Roger Bennet Adler , Roger Bennet Adler, P.C., New York, New York, for Defendant-Appellant.

Emily Berger and Stephen E. Frank , Assistant United States Attorneys ( Loretta E. Lynch , United States Attorney for the Eastern District of New York, of counsel), Brooklyn, New York, for Appellee.

Before: JACOBS, Chief Judge, MINER and KATZMANN, Circuit Judges.


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...

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