Turner

The government appeals the district court’s dismissal of the indictments of five defendants charged with the distribution of crack cocaine — dismissals .imposed as sanctions for failure to comply with the district court’s discovery orders after the defendants had alleged that they were being selectively prosecuted on the basis of their race. Guided by United States v. Armstrong, 48 F.3d 1508 (9th Cir.1995) (en banc), the district court found that the defendants had made a sufficient showing of selective prosecution to justify their requests for discovery. We deferred decision on the government’s appeal after certiorari had been granted in Armstrong , and after the Supreme Court had decided Armstrong we invited and received additional briefing by the parties.

These eases are not identical with Armstrong , but, as always, the law develops by the concrete application of principles, here authoritatively set out in United States v. Armstrong, — U.S. -, 116 S.Ct. 1480 , 134 L.Ed.2d 687 (1996). In its light, we hold that the district court abused its discretion. The indictments must be reinstated.

PROCEEDINGS '

On August 9, 1994, Alvin Debois Turner was indicted on one count of…