United States v. Octavio Correa-Gomez

OPINION

ALAN E. NORRIS, Circuit Judge.

The United States appeals from an order of the district court dismissing the indictment against defendant, Octavio Cor-rea-Gomez, based upon his allegation of selective prosecution. The indictment charged defendant and his brother, Miguel Correa-Gomez, with encouraging aliens to enter the United States illegally and then harboring them upon their arrival “for the purpose of commercial advantage,” which in this case involved working in Mexican restaurants that defendants operated in Kentucky. 1 After reviewing the manner in which immigration violations had…