United States v. Correa-Gomez

MEMORANDUM OPINION AND ORDER

WILHOIT, Senior District Judge.

This matter is before the Court on the defendant’s motion to dismiss the indictment [Record No. 69] for selective prosecution. The motion has been the subject of multiple rounds of briefs and the Court is further benefitted by the oral arguments of counsel on four occasions. For the reasons set forth herein, the defendant’s motion will be GRANTED.

I. Factual Background

Octavio Correa-Gomez is charged with seven counts of violating 8 U.S.C. § 1324(a)(1)(A). Essentially, the indictment alleges that Mr. Correa-Gomez encouraged and induced…