In briefs filed yesterday, the government and Federal Defender agree that Pool's challenge to the constitutionality of the mandatory collection of DNA as a condition of pretrial release is now moot as a result of his guilty plea. The defense asks the Ninth Circuit to vacate the 9/20 en banc oral argument, dismiss the appeal as moot, and vacate the opinions of the 3-judge panel, district court, and magistrate judge. Pool Mootness Brief. In its response, the government generally concurs.