UNITED STATES v. LEWIS

No. 07-1249.

517 F.3d 20 (2008)

UNITED STATES of America, Appellee, v. Samuel J. LEWIS, a/k/a Shaheed Lewis, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 22, 2008.


Attorney(s) appearing for the Case

Timothy G. Watkins, Federal Defender Office, for appellant.

Randall E. Kromm, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.

Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and GELPL, District Judge.


SELYA, Senior Circuit Judge.

A claim of selective prosecution depends in large part on a defendant's ability to prove that the government has treated him differently from similarly situated offenders. The appeal before us turns on what factors courts should take into account in configuring the pool of similarly situated offenders for purposes of this comparison. The tale follows.

In the underlying case, the government charged defendant-appellant Samuel J....

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