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U.S. v. ARMSTRONG

Nos. 93-50031, 93-50057.

48 F.3d 1508 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Christopher Lee ARMSTRONG, aka: Chris Armstrong, Defendant, and Robert Rozelle; Aaron Hampton; Freddie Mack; Shelton Auntwan Martin, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. Christopher Lee ARMSTRONG, aka: Chris Armstrong, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 21, 1994.

Opinion Withdrawn April 20, 1994.

Filed April 20, 1994.

Argued and Submitted September 22, 1994.

Decided March 2, 1995.

Attorney(s) appearing for the Case

Richard E. Drooyan, Miriam A. Krinsky, Daniel P. Collins, George S. Cardona, Lawrence H. Cho, Asst. U.S. Attys., Los Angeles, CA, for plaintiff-appellant.

Timothy C. Lannen, Barbara E. O'Connor, Deputy Federal Public Defender, Joseph F. Walsh, Los Angeles, CA, for defendants-appellees.

Before: WALLACE, Chief Judge, BROWNING, SCHROEDER, FLETCHER, D.W. NELSON, CANBY, REINHARDT, LEAVY, RYMER, T.G. NELSON, and KLEINFELD, Circuit Judges.

Argued and Submitted (en banc) September 22, 1994.

Opinion by Judge REINHARDT; Concurrence by Judge WALLACE; Dissent by Judge RYMER.

REINHARDT, Circuit Judge:

We review this case en banc to resolve a conflict in our circuit over the proper standard for determining whether an adequate showing has been made by a defendant seeking discovery in connection with a selective prosecution charge. The conflict arises from two cases filed within days of each...

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