United States of America, Plaintiff-appellee, v. Raul Valenzuela-cervantes, Defendant-appellant, 67 F.3d 310 (9th Cir. 1995)

Before: BROWNING, GOODWIN, and O'SCANNLAIN, Circuit Judges.

MEMORANDUM^** 

Raul Valenzuela-Cervantes appeals his conviction pursuant to his conditional guilty plea to illegal reentry after deportation and conviction, in violation of 8 U.S.C. §§ 1326(a), (b) (1), and (b) (2). Valenzuela-Cervantes contends that the district court abused its discretion in denying his motion for further discovery to support his claim of selective prosecution of Latinos.

Since the district court's decision in this case, we decided United States v. Armstrong, 48 F.3d 1508 (9th Cir. 1995) (en banc). For the reasons set forth in United States v. Rendon-Abundez, 59 F.3d 1001, 1002 (9th Cir. 1995), we remand to the district court for reconsideration of the motion in light of our opinions in Armstrong and United States v. Gomez-Lopez, 62 F.3d 304 (9th Cir. 1995), and in accord with the instructions in Rendon-Abundez.

REMANDED.