The 8th Circuit is considering an appeal in United States v. Dale Robert Bach, No. 02-1238). D.C. based Steptoe & Johnson posted a copy of the Memorandum and Order, United States v. Dale Robert Bach, Crim. File No. 01-221 (PAM/ESS), United States District Court for the District of Minnesota on their site.

See also EPIC's amicus brief in the District Court case