United States of America, Plaintiff - Appellee, v. Antonio Gutierrez-salas, Defendant - Appellant, 61 F.3d 913 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 61 F.3d 913 (9th Cir. 1995) Argued and Submitted June 9, 1995. Decided July 18, 1995

Appeal from the United States District Court for the Central District of California, No. CR-94-00204-HLH; Harry L. Hupp, District Judge, Presiding.

C.D. Cal.

REMANDED.

Before: WALLACE, Chief Judge, KOZINSKI and RYMER, Circuit Judges.


ORDER

Antonio Gutierrez-Salas contends that the district court erred in denying his motion to dismiss and for discovery on the basis of selective prosecution. For the reasons set forth in our published order in United States v. Rendon-Abundez, No. 94-50352 (9th Cir. July 13, 1995), we remand to the district court for reconsideration of the motion in light of our opinion in United States v. Armstrong, 48 F.3d 1508 (9th Cir. 1995) (en banc), and in accord with the instructions in Rendon-Abundez.

REMANDED.

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