Page:United States Statutes at Large Volume 118.djvu/2312

 118 STAT. 2282 PUBLIC LAW 108–405—OCT. 30, 2004 in NDIS if there is no other legal authority to retain the DNA sample of the applicant in NDIS. ‘‘(f) POST TESTING PROCEDURES; INCONCLUSIVE AND INCULPA TORY RESULTS.— ‘‘(1) INCONCLUSIVE RESULTS.—If DNA test results obtained under this section are inconclusive, the court may order further testing, if appropriate, or may deny the applicant relief. ‘‘(2) INCULPATORY RESULTS.—If DNA test results obtained under this section show that the applicant was the source of the DNA evidence, the court shall— ‘‘(A) deny the applicant relief; and ‘‘(B) on motion of the Government— ‘‘(i) make a determination whether the applicant’s assertion of actual innocence was false, and, if the court makes such a finding, the court may hold the applicant in contempt; ‘‘(ii) assess against the applicant the cost of any DNA testing carried out under this section; ‘‘(iii) forward the finding to the Director of the Bureau of Prisons, who, upon receipt of such a finding, may deny, wholly or in part, the good conduct credit authorized under section 3632 on the basis of that finding; ‘‘(iv) if the applicant is subject to the jurisdiction of the United States Parole Commission, forward the finding to the Commission so that the Commission may deny parole on the basis of that finding; and ‘‘(v) if the DNA test results relate to a State offense, forward the finding to any appropriate State official. ‘‘(3) SENTENCE.—In any prosecution of an applicant under chapter 79 for false assertions or other conduct in proceedings under this section, the court, upon conviction of the applicant, shall sentence the applicant to a term of imprisonment of not less than 3 years, which shall run consecutively to any other term of imprisonment the applicant is serving. ‘‘(g) POST TESTING PROCEDURES; MOTION FOR NEW TRIAL OR RESENTENCING.— ‘‘(1) IN GENERAL.—Notwithstanding any law that would bar a motion under this paragraph as untimely, if DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, the applicant may file a motion for a new trial or resentencing, as appropriate. The court shall establish a reasonable schedule for the applicant to file such a motion and for the Government to respond to the motion. ‘‘(2) STANDARD FOR GRANTING MOTION FOR NEW TRIAL OR RESENTENCING.—The court shall grant the motion of the applicant for a new trial or resentencing, as appropriate, if the DNA test results, when considered with all other evidence in the case (regardless of whether such evidence was introduced at trial), establish by compelling evidence that a new trial would result in an acquittal of— ‘‘(A) in the case of a motion for a new trial, the Federal offense for which the applicant is under a sentence of imprisonment or death; and

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