When is a defendant entitled to discovery on a selective prosecution claim?

On appeal, this court examined the question of when defendants are entitled to discovery on selective prosecution claims. Bourgeois noted that to be ultimately successful on a selective prosecution claim, a defendant would have to prove "that others similarly situated have not been prosecuted and also that the prosecution is based on an impermissible motive." United States v. Wayte, 710 F.2d 1385, 1387 (9th Cir.1983), quoted in Bourgeois, 964 F.2d at 938. Bourgeois then explained that it was an open question as to whether the standard for obtaining discovery was different from the standard for ultimate success on a selective prosecution claim, and to what degree. Bourgeois, 964 F.2d at 938.