United States v. Pierre Clifton Marshall

The principal question presented is whether the district court abused its discretion in denying Marshall’s motion for discovery based upon his claim of discriminatory prosecution.

I. BACKGROUND

From 1985 to 1992, Marshall possessed and distributed cocaine, cocaine base, and heroin in Southern California and Seattle, Washington. In June 1990 officers searched Marshall’s apartment and seized 5,240 grams of cocaine base as well as 1,349 grams of cocaine. The cocaine base alone was worth over $1 million. The officers also found materials used to manufacture cocaine into cocaine base. In May 1992 Marshall was in-dieted on three counts of narcotics violations, 21 U.S.C. § 841 (a)(1), one count of structuring financial transactions to avoid reporting requirements, 31 U.S.C. § 5324 (3), and two counts of money laundering, 18 U.S.C. § 1956 (a)(1)(B).

Marshall, who is Black, filed a motion for discovery alleging discriminatory prosecution. He attached affidavits from the Federal Public Defender’s office stating that all twenty-three of the defendants represented by the Public Defender’s office for violations of 21 U.S.C. § 841 and 21 U.S.C. § 846 were Black. Marshall also included an…