United States Fourth Circuit

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US v. Venable, 11-4216

In a federal prosecution for possessing a firearm while being a felon, in which the defendant moved for discovery and moved to dismiss the indictment on the grounds that he was selected for prosecution because of his race in violation of the equal protection component of the Fifth Amendment’s Due Process Clause, the district court's order denying the motions is affirmed, where: 1) the defendant failed to make a credible showing that a similarly situated defendant of another race was not selected for prosecution in order to obtain discovery on his selective prosecution claim; and 2) the defendant failed to carry his burden of producing some evidence to make a credible showing of both discriminatory effect and intent.

Appellate Information

  • Decided 01/19/2012
  • Published 01/19/2012

Judges

  • Duncan

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • Patrick Risdon Hanes, Richard Daniel Cooke