Barajas-Barajas

MEMORANDUM **

Defendant-Appellant Benjamin Bara-jas-Barajas appeals the district court’s denial of discovery on his claim of selective *259 prosecution in violation of the equal protection clause of the Fourteenth Amendment. Barajas-Barajas pleaded guilty conditionally to one count of being in the United States following deportation without the permission of the Attorney General in violation of 8 U.S.C. § 1326 . He contends that similarly situated female aliens and non-Hispanic male aliens are not prosecuted in proportionate numbers to Hispanic males. We review the district court’s denial of discovery for abuse of discretion, United States v. Candia-Veleta, 104 F.3d 243, 246 (9th Cir.1996), and we affirm the district court.

Because the parties are familiar with the facts, we will not discuss them here except to note that the essence of the evidence that Barajas-Barajas presented indicates that Hispanic males are selected for interviews by the INS from California prisons and prosecuted under § 1326 in the Northern District of California at a disproportionately high rate as compared to other aliens. He has also asked us to infer the existence of non-Hispanic and Hispanic female…