U.S. v. Murphy, No. 94-10233 (9th Cir.) (65 F.3d 758) (September 7, 1995) (Judge Melvin Brunetti)
The Court stated: "However, the government cannot refuse to file such a motion on the basis of an unconstitutional motive (e.g., racial discrimination), or arbitrarily (i.e., for reasons not rationally related to
any legitimate governmental interest). United States v. Burrows, 36 F.3d 875, 884 (9th Cir. 1994) (citing Wade, 504 …
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