Opinion · Supreme Court of the United States
Hernandez v. United States
513 U.S. 1171
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1995-02-21
- Topic
- general
How later courts describe this case
- finding that speculation of selective prosecution, without additional proof, insufficient to establish selective prosecution
- reviewing a district court’s finding that a defendant does not qualify for a minor or minimal participant status for clear error due to its heavy dependence on the facts of a particular case
- "To establish a prima facie case of selective prosecution, a defendant must show both (1) that others similarly situated have not been prosecuted, and (2) that the prosecution is based on an impermissible motive, i.e. discriminatory purpose or intent."
Citator
UpLaw has not yet analyzed Hernandez v. United States. The absence of a flag is not a finding that it is good law.
- Cited by
- 55 opinions
C. A. 9th Cir. Certiorari denied.