| Court: | US Ct. App. (7th Cir) |
| Facts: | Kerley fails to register for the draft. |
| Posture: | US appeals the dismissal of an indictment. The dismissal resulted from the government's refusal to comply with a massive discovery order. |
| Issue: | Does the fact that Kerley is prosecuted for protesting represent a violation of constitutional protections? |
| Holding: | No. Remanded for trial. |
| Rule: | Kerley needs to show that he was selected for prosecution where others in similar situations were not, and that the selection was based on some impermissible consideration. That was not the case here. |
| Reasoning: | Otherwise all criminals would say they were just protesting. The defendant would have to show that the government intended an impermissible result. |
| Dicta: | |