United States v. Amelia Kay Commodore

15 F.3d 1091 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Amelia Kay COMMODORE; Defendant-Appellant. No. 93-30068. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 3, 1994. Decided Jan. 14, 1994. Before: WRIGHT, CANBY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Amelia Kay Commodore appeals her conviction and sentence for conspiracy to distribute cocaine, distribution of cocaine, possession with intent to distribute cocaine and structuring a financial transaction. We affirm. 3 1. Appellant did not establish a prima facie case of selective prosecution. 4 We review for clear error the denial of a motion to dismiss for selective prosecution. United States v. Gutierrez, 990 F.2d 472, 475 (9th Cir.1993). "To establish a prima facie case of selective prosecution, a defendant must show both (1) that others similarly situated have not been prosecuted, and (2) that the prosecution is based on an…