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UNITED STATES v. HERRERA

No. 80-1113.

640 F.2d 958 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. George Ralph HERRERA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 23, 1981.

Attorney(s) appearing for the Case

James D. Henderson, Atty., Dept. of Justice, Los Angeles, Cal., for the U. S.

James H. Kemper, Phoenix, Ariz., for defendant-appellee.

Before FLETCHER and FERGUSON, Circuit Judges, and GRANT, District Judge.

FLETCHER, Circuit Judge:

The Government appeals from the dismissal of Herrera's indictment. The court below held that the Government's decision to proceed to trial on the indictment, in the face of Herrera's willingness to accept the Government's earlier offer to permit a guilty plea to a lesser charge, constituted vindictive prosecution. We reverse.

I

FACTS

On June 15, 1978, George Ralph Herrera...

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