576 F. App'x 814
10th Cir.2014Background
- On Nov. 12, 2009 Albuquerque officers responded to a disturbance; Agent Whelan followed Deiter into a building where she saw him squat behind a low wall and then come downstairs.
- Deiter fled, was tasered and handcuffed; officers searched him and recovered brass knuckles and knives.
- Officer Marquez later found a holster and a small revolver on the second-level walkway; gloves were worn by the crime-lab technician and by Marquez when checking the serial number.
- Forensic testing showed Deiter’s DNA on the holster and in smaller amounts on the revolver, plus an even smaller amount of DNA from an unidentified source.
- Deiter moved pretrial to compel DNA samples from Officer Marquez and Agent Whelan to support a secondary-transfer defense; the district court held an evidentiary hearing and denied the motion.
- At trial Deiter presented expert testimony on secondary transfer but was convicted under 18 U.S.C. §§ 922(g)(1), 922(a)(2); he appealed raising (1) denial of the motion to compel DNA and (2) a Commerce Clause challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Motion to compel DNA from officers | Deiter: Rule 16 required production because officer DNA might materially show secondary transfer and exculpate him | Government: Officer samples not material; Deiter could present secondary-transfer theory without them; privacy interests weigh against compelled samples | Court: Affirmed denial — samples not material and privacy interests supported refusal |
| Commerce Clause challenge to 18 U.S.C. §§ 922(g)(1), 922(a)(2) | Deiter: Congress lacked commerce authority to criminalize his possession of a firearm and ammo | Government: Binding precedent upholds felon-in-possession statute as within Commerce Clause power | Court: Affirmed conviction — statute valid under controlling precedent |
Key Cases Cited
- Scarborough v. United States, 431 U.S. 563 (rejecting Commerce Clause challenge to felon-in-possession conviction)
- United States v. Patton, 451 F.3d 615 (10th Cir.) (circuit treats Scarborough as controlling post-Lopez)
- United States v. Lopez, 514 U.S. 549 (establishes limits on Congress's Commerce Clause power)
- Banks v. United States, 490 F.3d 1178 (10th Cir. 2007) (discusses privacy interests in DNA collection)