U.S. v. Smith, No. 98-6121 (11th Cir.) (231 F.3d 800) (October 25, 2000) (Judge Edward E. Carnes)
In rejecting a claim of selective prosecution in this case, the Eleventh Circuit elaborated on the first prong of the Armstrong test [U.S. v. Armstrong, 517 U.S. 456 (1996)] by defining a "similarly situated" person for selective prosecution purposes as:
"one who engaged in the same type of conduct, which ...
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