Oseguera-Medina

MEMORANDUM ***

Defendant-Appellant Eliezer OsegueraMedina appeals his sentence, imposed following his guilty plea for illegal reentry after deportation in violation of 8 U.S.C. § 1326 (a). He argues that the prosecutor’s refusal to offer him a “fast-track” plea agreement similar to that offered to defendants prosecuted in other districts of the Ninth Circuit violated his due process and equal protection rights.

Oseguera-Medina has submitted no proof that the United States Attorney’s Office for the District of Montana engaged in intentional discrimination by declining to institute a fast-track policy akin to that in existence elsewhere, or that the prosecutor’s decision to decline to offer him a particular plea was motivated by a discriminatory purpose or intent. Therefore, he has not established a prima facie case of invidious discrimination. Wayte v. United States, 470 U.S. 598, 607-08 , 105 S.Ct. 1524 , 84 L.Ed.2d 547 (1985); United States v. Estrada-Plata, 57 F.3d 757, 760-61 (9th Cir.1995). The decision not to offer Oseguera-Medina a “fast-track” plea and thirty-month sentence was within the prosecutor’s discretion. See United States v. Armstrong, 517 U.S. 456, 464-65 , 116…