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UNITED STATES v. DeMARCO

No. 75-3824.

550 F.2d 1224 (1977)

UNITED STATES of America, Appellant, v. Frank DeMARCO, Jr., Appellee.

United States Court of Appeals, Ninth Circuit.

March 30, 1977.

Attorney(s) appearing for the Case

Frank M. Tuerkheimer, Special Asst. Pros., Madison, Wis., Charles F. Ruff, Special Pros., Watergate Special Prosecution Force, Washington, D. C., argued, for appellant.

Donald C. Smaltz, George A. Wedner, Los Angeles, Cal., Charles A. McNelis, Welch & Morgan, Washington, D. C., argued, for appellee.

Before HUFSTEDLER and GOODWIN, Circuit Judges, and KING, District Judge.

HUFSTEDLER, Circuit Judge:

The Government appeals, under 18 U.S.C. § 3731, from the dismissal of an indictment against DeMarco. The district court gave two reasons for dismissing the indictment: (1) The challenged indictment was the culmination of governmental efforts designed to discourage or to prevent DeMarco from asserting his statutory venue rights, and failure to dismiss the indictment would permit the "potential for vindictiveness" proscribed in Blackledge...

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