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UNITED STATES v. ANDREWS

No. 78-5166.

612 F.2d 235 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Tallice ANDREWS and Thurston Brooks, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 14, 1979.

As amended February 15, 1980.

Attorney(s) appearing for the Case

James K. Robinson, U. S. Atty., Detroit, Mich., for plaintiff-appellant.

John W. Tapp, Asst. Federal Public Defender, Detroit, Mich., for Brooks.

William L. Woodard, Richard R. Nelson, Detroit, Mich., for Andrews.

Before KEITH and MERRITT, Circuit Judges, and GREEN, Senior District Judge.

BEN C. GREEN, Senior District Judge.

In this action we are called upon to consider the question of "prosecutorial vindictiveness" under the principles enunciated by the Supreme Court in Blackledge v. Perry, 417 U.S. 21, 94 S.Ct. 2098, 40 L.Ed.2d 628 (1974), and North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969).

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