U.S. v. Davis

Dist. Ct. erred in entering discovery order requiring govt. to provide prosecutorial practices and statistics with respect to racial backgrounds of other defendants charged with similar crimes involving additional schemes to rob purported phony sting stash houses, since said order violated Armstrong, 517 US 456, in absence of evidence that prosecutor failed to prosecute defendants of other races, who had arguably committed similar crimes. Moreover, result is same even though defendants presented evidence that 75 of 94 defendants in 20 similar cases were African-American. However, on remand, Dist. Ct. should receive evidence as to whether any ATF officials used race when targeting potential victims of sting operations, since said agents are not covered by notions of prosecutorial discretion at issue in Armstrong. (Dissent filed.)