United States v. Armstrong, 517 U.S. 456 (1996), was a case heard by the Supreme Court of the United States in which the court held that the burden of proof for selective prosecution rests with the defendant, who must show the government declined to prosecute similarly situated suspects of other races.

Respondents filed a motion to dismiss their indictment for "crack" cocaine and other federal charges, alleging they were selected for prosecution based on their race.

The motion was granted by the District Court and affirmed by the Ninth Circuit en banc, which ruled the proof requirements do not compel the defendant to demonstrate the Government has failed to prosecute others who are similarly situated.

Chief Justice William Rehnquist wrote the opinion of the court, and was joined by Justices Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, and Ruth Bader Ginsburg.

Justice John P. Stevens wrote the dissenting opinion.