United States of America, Plaintiff-appellee, v. Dewitte Lamont Isaac, Defendant-appellant, 29 F.3d 636 (9th Cir. 1994)

MEMORANDUM^** 

Dewitt Lamont Isaac appeals from his 84-month sentence imposed following a guilty plea to possession of cocaine base with intent to distribute (21 U.S.C. § 841(a) (1)) and use of a firearm (18 U.S.C. § 924(c) (1)). Pursuant to Anders v. California, 386 U.S. 738 (1967), Isaac's counsel has filed a motion to withdraw as counsel of record and a brief identifying two possible issues for review: (1) whether it was error to prosecute him in federal court when all co-defendants were charged only in state court where they received lighter sentences; and (2) whether the district court erred in refusing to read Isaac's background papers and other papers concerning an alleged lack of evidence in his case. We affirm.¹ 

Isaac's selective prosecution claim lacks merit. He waived his right to claim selective prosecution when he pled guilty in open court. United States v. Cortez, 973 F.2d 764, 766-67 (9th Cir. 1992) (citing Brady v. United States, 397 U.S. 742 (1970)).

No evidence in the record supports Isaac's second claim, that the district court refused to consider certain papers relating to the case. Accordingly, this claim has no merit.

Counsel's motion to withdraw as counsel of record is GRANTED and the district court's judgment is AFFIRMED.