United States v. Rodney Bourgeois

Rodney Bourgeois, a black man arrested as part of “Operation Streetsweep,” claims that the decision to prosecute him was unconstitutionally based on race. In furtherance of this claim, Bourgeois sought discovery of government documents about Operation Streetsweep. The district court denied the discovery request, denied a motion to dismiss for selective prosecution and accepted Bourgeois’ conditional guilty plea. Bourgeois’ timely appeal challenges only the denial of discovery. We have jurisdiction and we affirm.

I

On June 14 and 15, 1990, federal agents and local law enforcement officers arrested more than 100 alleged gang members in South Central Los Angeles. These arrests were part of a publicized, nationwide effort, dubbed “Operation Streetsweep,” that resulted in at least 160 arrests in 11 states. The government prosecuted ten Los Angeles arrestees for federal firearms violations. All ten, including Bourgeois, are black men suspected of being affiliated with either the Crips or the Bloods, two Los Angeles-based gangs.

As Bourgeois’ brief states, “[ajlthough many other notorious gangs also use guns and violence — ranging from Latino (Nuestra Familia, Maravilla, 18th Street,…