October 1, 2007 Ninth Circuit Decisions
On October 2, 2007, the Ninth Circuit published two new opinions:
In U.S. v. Davis, the Ninth Circuit affirmed a restitution order requiring David to pay as restitution the costs associated with decontamination of a motel room used to manufacture methamphetamine. The Court found that the purpose of restitution is to make the victim whole, and according, costs of repair are appropriate. However, the Court reversed and remanded that portion of the order which required Davis to pay for loss rent of the motel room, where there was no evidence that the motel lost any income, and for unsegregated costs of asbestos testing.
In U.S. v. Lujan, the reversed the Ninth Circuit rejected challenges to federal law requiring DNA samples be given by all persons on supervised release. The Court has previously rejected a 4th Amendment challenge to the law. Here, the court rejects the claim that the law is a bill of attainder, as DNA sampling is not a punishment. The Court also rejected Lujan’s claims that the law violates separation of powers.
