U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Ortencia Segura-Segura

United States v. Ortencia Segura-Segura
U.S. Court of Appeals for the Ninth Circuit · Decided September 24, 2013 · Alarcón, Berzon, Zouhary
540 F. App'x 648

United States v. Ortencia Segura-Segura

Opinion

MEMORANDUM ***

The United States appeals the dismissal of Ortencia Segura-Segura’s indictment on the ground of selective prosecution. Such a dismissal can only be sustained by “clear *649 evidence” that “(1) other similarly situated individuals have not been prosecuted and (2) [the defendant’s] prosecution was based on an impermissible motive.” United States v. Sutcliffe, 505 F.3d 944, 954 (9th Cir. 2007) (internal quotation marks omitted). Here, no evidence supports selective prosecution, let alone “clear evidence.” The dismissal is thus REVERSED and the case REMANDED to the district court to reinstate the indictment.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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