United States of America, Plaintiff-appellee, v. Manuel Torres-herrera, Elmer Wilfredo Sanchez-portillo, Akaelmer W. Rivera-portillo; Aka Claudiorendon-ramirez; Aka Elmer Wilfredorivera-portillo, Defendants-appellants, 61 F.3d 914 (9th Cir. 1995)

Annotate this Case
US Court of Appeals for the Ninth Circuit - 61 F.3d 914 (9th Cir. 1995) Argued and Submitted Nov. 3, 1994. Submission Withdrawn Nov. 28, 1994. Resubmitted July 17, 1994. Decided July 19, 1995

Appeal from the United States District Court, for the Central District of California, D.C. Nos. CR-93-01026-WDK, CR-94-00095-WDK; William D. Keller, District Judge, Presiding.

C.D. Cal.

REMANDED.

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

ORDER

Manuel Torres-Herrera and Elmer Sanchez-Portillo appeal from their convictions following the district court's denial of their motions to dismiss and requests for discovery of government records to support their claims that their prosecutions for being deported aliens found in the United States, 8 U.S.C. § 1326(b) (1) and (b) (2) respectively, resulted from impermissible selective prosecutions on the basis of race.

After the district court's decisions in these cases, 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 these cases 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.


 *

Honorable Floyd R. Gibson, Senior United States Circuit Judge for the Eighth Circuit Court of Appeals, sitting by designation

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.