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UNITED STATES v. ANDREWS

No. 78-5166.

633 F.2d 449 (1980)

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

United States Court of Appeals, Sixth Circuit.

Decided September 30, 1980.

Attorney(s) appearing for the Case

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

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

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

Before EDWARDS, Chief Judge, and WEICK, CELEBREZZE, LIVELY, ENGEL, KEITH, MERRITT, BROWN, KENNEDY, MARTIN, and JONES, Circuit Judges, en banc.

KEITH, Circuit Judge.

The simple and undisputed facts of this case present interesting questions regarding the limits of prosecutorial discretion. Specifically, we are called upon to apply the doctrine of "prosecutorial vindictiveness" outlined in Blackledge v. Perry, 417 U.S. 21, 94 S.Ct. 2098, 40 L.Ed.2d 628 (1974). A panel of this Court considered this question and produced three separate opinions without any consensus.

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