UNITED STATES of America, Plaintiff-Appellant, v. Ortencia SEGURA-SEGURA, Defendant-Appellee, 540 F. App'x 648

MEMORANDUM The United States appeals the dismissal of Ortencia Segura-Segura’s indictment on the ground of selective prosecution. Such a dismissal can only be sustained by “clear evidence” that “(1) other similarly situated individuals have not been prosecuted and (2) [the defendant’s] prosecution was based on an impermissible motive.” United States v. Sutcliffe, 505 F.3d 944, 954 (9th Cir.2007) (internal quotation marks omitted). Here, no evidence supports selective prosecution, let alone “clear evidence.” The dismissal is thus REVERSED and the case REMANDED to the district court to reinstate the indictment.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.