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U.S. v. CORTEZ

No. 89-50670.

973 F.2d 764 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos CORTEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1992.

Attorney(s) appearing for the Case

Phillip I. Bronson, Sherman Oaks, Cal., for defendant-appellant.

Melinda L. Haag, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before: POOLE, BRUNETTI, and FERNANDEZ, Circuit Judges.

BRUNETTI, Circuit Judge:

OVERVIEW

Carlos Cortez was convicted by guilty plea for violation of federal drug laws, 21 U.S.C. §§ 841(a)(1) and 845a, which prohibit the possession and distribution of narcotics in areas where children are likely to congregate. After pleading guilty, but before sentencing, Cortez brought a motion to dismiss the indictment for selective prosecution. The district court denied the motion, finding that Cortez failed to make...

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