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U.S. v. ARMSTRONG

No. 95-157.

517 U.S. 456 (1996)

116 S.Ct. 1480

134 L.Ed.2d 687

UNITED STATES v. ARMSTRONG et al.

Supreme Court of United States.

Decided May 13, 1996.

Attorney(s) appearing for the Case

Solicitor General Days argued the cause for the United States. With him on the briefs were Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, Irving L. Gornstein, and Kathleen A. Felton.

Barbara E. O'Connor, by appointment of the Court, 516 U.S. 1007, argued the cause for respondents. With her on the brief for respondents Martin et al. were Maria E. Stratton, Timothy C. Lannen, by appointment of the Court, 516 U.S. 1007, David Dudley, Bernard J. Rosen, and Eric Schnapper. Joseph F. Walsh, by appointment of the Court, 516 U.S. 1007, filed a brief for respondent Rozelle.*

REHNQUIST, C. J., delivered the opinion of the Court, in which O'CONNOR, SCALIA, KENNEDY, SOUTER, THOMAS, and GINSBURG, JJ., joined, and in which BREYER, J., joined in part. SOUTER, J., p. 471, and GINSBURG, J., p. 471, filed concurring opinions. BREYER, J., filed an opinion concurring in part and concurring in the judgment, p. 471. STEVENS, J., filed a dissenting opinion, p. 476.

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

In this case, we consider the showing necessary for a defendant to be entitled to discovery on a claim that the prosecuting attorney singled him out for prosecution on the basis of his race. We conclude that respondents failed to satisfy the threshold showing: They failed to show that the Government declined to prosecute similarly situated suspects of other races.

In April 1992, respondents were indicted...

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