United States of America, Plaintiff-appellee, v. Juan Carlos Guerra-ramos, Defendant-appellant, 61 F.3d 913 (9th Cir. 1995)

Appeal from the United States District Court for the Central District of California, D.C. No. CR-93-01016-WDK-1; William D. Keller, District Judge, Presiding.

C.D. Cal.

REMANDED.

Before: GIBSON,^*  HUG, and POOLE, Circuit Judges.

ORDER

Juan Carlos Guerra-Ramos appeals from his conviction following the district court's denial of his motion to dismiss and request for discovery of government records to support his claim that his prosecution for being a deported alien found in the United States, 8 U.S.C. § 1326(b) (1), was the result of impermissible selective prosecution on the basis of race.

After the district court's decision in this case, we decided United States v. Armstrong, 48 F.3d 1508 (9th Cir. 1995) (en banc). We decline to determine whether the district court must, may, or may not grant discovery on the facts of this case following Armstrong, as we conclude that the issue is properly resolved as an initial matter by the district court. We therefore remand to the district court for reconsideration under the standard set out in Armstrong.

REMANDED.