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U.S. v. CORREA-GOMEZ

No. 01-6542.

328 F.3d 297 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Octavio CORREA-GOMEZ, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 9, 2003.

Attorney(s) appearing for the Case

Charles P. Wisdom, Jr. (briefed), David A. Marye (briefed), U.S. Attorneys, Gregory F. Van Tatenhove (argued), U.S. Attorney, Lexington, KY, for Plaintiff-Appellant.

Steven R. Romines (argued and briefed), Romines, Weis & Young, Louisville, KY, for Defendant-Appellee.

Before: BOGGS and NORRIS, Circuit Judges; BELL, Chief District Judge.

OPINION

ALAN E. NORRIS, Circuit Judge.

The United States appeals from an order of the district court dismissing the indictment against defendant, Octavio Correa-Gomez, based upon his allegation of selective prosecution. The indictment charged defendant and his brother, Miguel Correa-Gomez, with encouraging aliens to enter the United States illegally and then harboring them upon their arrival "for the purpose of commercial advantage," which in this case involved...

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