What is the test for a selective prosecution claim for abuse of discretion?

We review a district court's decision on whether to grant discovery related to a selective prosecution claim for abuse of discretion. United States v. Gomez-Lopez, 62 F.3d 304, 306-07 (9th Cir.1995). We also review a district court's decision on the scope of discovery for a selective prosecution claim for abuse of discretion. Id. at 306-07.

In order to show selective prosecution a defendant must submit clear evidence that the federal prosecution policy had a discriminatory effect and that it was motivated by a discriminatory purpose. United States v. Armstrong, --- U.S. ----, ---- - ----, 116 S.Ct. 1480, 1486-87, 134 L.Ed.2d 687 (1996). The defendant must make a "credible showing of different treatment of similarly situated persons." Id. at ----, 116 S.Ct. at 1489.