United States v. Dionicio Gutierrez-Hernandez

61 F.3d 913 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dionicio GUTIERREZ-HERNANDEZ, Defendant-Appellant. No. 94-50555. United States Court of Appeals, Ninth Circuit. Submitted July 14, 1995. * Decided July 19, 1995. Appeal from the United States District Court, for the Central District of California, D.C. No. CR-94-00147-MRP; Mariana R. Pfaelzer, District Judge, Presiding. C.D.Cal. REMANDED. Before: LAY ** , BRUNETTI, and RYMER, Circuit Judges. 1 MEMORANDUM *** 2 Dionicio Gutierrez-Hernandez appeals the district court's denial of his motion for additional discovery to support his claim of selective prosecution. Gutierrez-Hernandez also appeals the district court's refusal to depart downwards in sentencing him. We have jurisdiction, 28 U.S.C. Sec. 1291 , and remand. 3 * Gutierrez-Hernandez moved for dismissal of the indictment on the basis of selective prosecution, or on the alternative for additional discovery to…