District court erred in dismissing indictment for government’s defiance of discovery order related to defendant’s selective prosecution claim

INDICTMENT/SELECTIVE PROSECUTION United States v. DeBerry, No. 04-1532, ___ F.3d ___ (10th Cir. Dec. 13, 2005)(Colorado). Government appeal of dismissal of indictment as sanction for refusal to produce discovery materials related to defendant’s selective prosecution claim. HELD: District court improperly dismissed indictment for government’s refusal to produce discovery materials. Because defendants failed to produce evidence that similarly situated individuals of another race were not prosecuted, they did not show discriminatory-effect necessary for obtaining discovery relating to selective prosecution claim. Read the opinion here.