United States v. Peterson

Azizia Peterson appeals the district court’s 2 denial of her motion to dismiss the indictment for selective prosecution, and denial of an evidentiary hearing. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

Ms. Peterson’s then-husband, Milton Peterson, filed for divorce. When the sheriff arrived to serve papers, Ms. Peterson told him Mr. Peterson was a drug dealer. Both Petersons were arrested and interviewed by state and federal officers. Mr. Peterson immediately cooperated. Ms. Peterson received a proffer letter, 3 but no successful proffer interview followed.

A grand jury indicted Mr.…