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UNITED STATES v. HOLLYWOOD MOTOR CAR CO., INC.

Nos. 80-1405, 80-1409.

646 F.2d 384 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. HOLLYWOOD MOTOR CAR COMPANY, INC., Frederic Michael Bernstein, and Terrance Quatkemeyer, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 26, 1981.

Attorney(s) appearing for the Case

Thomas R. Sheridan, Los Angeles, Cal., for defendants-appellants.

Molly Munger, Asst. U.S. Atty., Los Angeles, Cal., argued for plaintiff-appellee; Andrea Sheridan Ordin, U.S. Atty., Los Angeles, Cal., on brief.

Before CHOY and TANG, Circuit Judges, and HANSON, District Judge.

CHOY, Circuit Judge:

This is a consolidated appeal from the district court's denial of a motion to dismiss the indictment on the ground of vindictive prosecution. The question on this appeal is whether a case of vindictive prosecution is established when the Government threatens a defendant with enhanced charges if he exercises his right to request a change of venue and then does enhance the charges even though the Government subsequently dismisses several of the...

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