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Criminal Procedure Keyed to Ohlin
United States v. Armstrong
Citation:517 U.S. 456 (1996)
In April 1992, respondents were indicted in the United States District Court on charges of conspiring to possess with intent to distribute more than 50 grams of cocaine base and conspiring to distribute the same and federal firearms offenses. In response to the indictment, respondents filed a motion for discovery or for dismissal of the indictment, alleging that they were selected for federal prosecution because they are black. In support of their motion, they offered only an affidavit by a “Paralegal Specialist” employed by the Office of the Federal Public Defender. The only allegation in the affidavit was that, in every one of the 24 cases closed by the office during 1991, the defendant was black.
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