United States v. Peterson, No. 10-3745 (8th Cir. 2011)
Annotate this CaseA grand jury indicted defendant, an African-American, for conspiracy to distribute 50 or more grams of cocaine base, which then carried a 10-year mandatory minimum. The grand jury also indicted defendant's former husband, who is white, for conspiracy to distribute five or more grams of cocaine base, which then carried a five-year mandatory minimum sentence. Defendant subsequently appealed the district court's denial of her motion to dismiss the indictment for selective prosecution and denial of an evidentiary hearing. The court held that the district court properly denied the motion to dismiss where defendant offered no credible evidence that race or gender played a role in the government's charging decision. The court also held that defendant offered no credible evidence of discriminatory purpose. The court further held that defendant had not shown any credible evidence of purposeful discrimination and the district court properly denied an evidentiary hearing.
Court Description: Criminal case - Criminal law. Claim of selective prosecution based on an argument that the government failed to offer defendant a meaningful opportunity to make a proffer because of her race is rejected, as defendant offered no credible evidence that the government acted with discriminatory purpose.
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