Hernandez v. United States

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."