UNITED STATES of America, Plaintiff-Appellee, v. Nolan REESE, Defendant-Appellant

Nolan Reese appeals his conviction for distribution of cocaine base, in violation of 21 U.S.C. § 841 (a)(1). He contends that the district court erred when it denied his motion for discovery on the issue of selective prosecution. He also challenges the district court’s instructions to the jury on entrapment and raises other issues regarding evi-dentiary rulings and sentencing. We reverse and remand.

BACKGROUND

In 1993, Reese sold cocaine base to Tegi Rita Johnson and spoke to her about making further sales. Unbeknown to him, she was a confidential informant. Reese was ultimately indicted for distribution of cocaine base and was convicted on October 6, 1993.

After his conviction, but before his sentencing, Reese joined with twenty-three other defendants in a motion which sought dismissal of their indictments. They requested discovery and an evidentiary hearing relating to their claim that they had been selectively prosecuted on account of their race. As support, they submitted a study from the Federal Defender’s Office, declarations from geography professor Dr. John Weeks, a report published by the San Diego Association of Governments which detailed the racial composition of…