United States of America, Plaintiff-appellee, v. Amilcar Alexander Menjivar, Defendant-appellant.united States of America, Plaintiff-appellee, v. Javier Salazar Rosas, Defendant-appellant, 103 F.3d 142 (9th Cir. 1996)

MEMORANDUM^** 

Amilcar Alexander Menjivar and Javier Salazar Rosas appeal the district court's denial of their motion for discovery based on selective prosecution. Menjivar and Rosas were convicted of carjacking, in violation of 18 U.S.C. § 2119, and using a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c) (1). In their prior appeal, this court remanded their appeals to the district court for a determination of whether to grant discovery. Pursuant to Anders v. California, 386 U.S. 738 (1967), their attorneys submitted briefs stating that they found no meritorious issues for review. Their attorneys also filed motions to withdraw as counsel of record.

Because Menjivar and Rosas failed to show that the government declined to prosecute similarly situated suspects of other races, the district court properly denied their motion for discovery. See United States v. Armstrong, 116 S. Ct. 1480, 1488-89 (1996).

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 83 (1988), discloses no issue for review. Accordingly, counsels' motions to withdraw are GRANTED and the district court's judgment is AFFIRMED.