The following excerpt is from U.S. v. Hull, 942 F.2d 794 (9th Cir. 1991):
Hull argues that his right to due process and equal protection of the laws has been violated because he was prosecuted in federal court rather than state court. Hull has not made a case for vindictive or selective prosecution. He has not shown (1) that others similarly situated have not been prosecuted in federal court and (2) that he was selected for prosecution on the basis of an impermissible ground such as race, religion or exercise of a constitutional right. See United States v. McWilliams, 730 F.2d 1218, 1221 (9th Cir.1984); see also United States v. Batchelder, 442 U.S. 114, 125 n. 9 (1979).
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