United States of America v. Ortencia Segura-Segura

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellant,
v.
ORTENCIA SEGURA-SEGURA,
Defendant - Appellee.
No. 12-10600
D.C. No. 3:12-cr-00063-RCJ-
VPC-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, Chief District Judge, Presiding
Submitted September 11, 2013 **
San Francisco, California
Before: ALARCÓN and BERZON, Circuit Judges, and ZOUHARY, District
Judge.***
FILED
SEP 24 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Jack Zouhary, District Judge for the U.S. District
Court for the Northern District of Ohio, sitting by designation.

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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.
2

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