United States of America, Plaintiff - Appellee, v. Cruz Ibarra-madero, 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) Submitted July 14, 1995. *Decided July 18, 1995

Appeal from the United States District Court for the Central District of California, No. CR-94-00565-SW; Stephen V. Wilson, District Judge, Presiding.

C.D. Cal.

REMANDED.

Before: LAY** , BRUNETTI, and RYMER, Circuit Judges.

ORDER

Cruz Ibarra-Madero argues 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 United States v. Rendon-Abundez, F.3d, 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.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir. R. 34-4

 **

Honorable Donald P. Lay, Senior Circuit Judge for the Eighth Circuit Court of Appeals, sitting by designation

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