United States v. Michael Ray Taylor

96 F.3d 1452 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael Ray TAYLOR, Defendant-Appellant. No. 95-50449. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 9, 1996. Decided Sep. 3, 1996. 1 Before: FERNANDEZ and TASHIMA, Circuit Judges, and MERHIGE, * Senior District Judge. 2 MEMORANDUM ** 3 Michael Ray Taylor appeals from his conviction for distribution of cocaine base ("crack") in violation of 21 U.S.C. § 841 (a)(1). Taylor challenges the district court's denial of his motion to dismiss the indictment on grounds of selective prosecution and for discovery on that issue. Taylor also seeks a remand for reconsideration of his request for a downward departure. We affirm. 4 Taylor contends that the district court erred by denying his motion to dismiss when African-Americans, including Taylor himself, are targeted for crack arrests to the exclusion of whites. On the same day that the…