United States v. Carlos Cortez

BRUNETTI, Circuit Judge:

OVERVIEW

Carlos Cortez was convicted by guilty plea for violation of federal drug laws, 21 U.S.C. §§ 841(a)(1) and 845a, which prohibit the possession and distribution of narcotics in areas where children are likely to congregate. After pleading guilty, but before sentencing, Cortez brought a motion to dismiss the indictment for selective prosecution. The district court denied the motion, finding that Cortez failed to make a prima facie showing of selective prosecution. He appeals the district court’s denial of his selective prosecution motion and his conviction by…