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UNITED STATES v. ROBISON

Nos. 80-1784, 80-1785 and 80-1786.

644 F.2d 1270 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. James Albert ROBISON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Fred Joseph PEDOTE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Leroy JONES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1981.

Attorney(s) appearing for the Case

James Hamilton Kemper, Inc., Kemper & Henze, Michael L. Piccarreta, Michael Tryon, McGroder & Tryon, Phoenix, Ariz., for defendants-appellants.

Kenneth L. Fields, Asst. U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before WRIGHT, CHOY and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

Robison and co-defendants Pedote and Jones were indicted for conspiracy to destroy a building by means of explosives, 18 U.S.C. § 844(i), and various related crimes. After the district court denied a motion to dismiss the indictment on the ground of vindictive prosecution, Robison brought this interlocutory appeal pursuant to our holding in United States v. Griffin, 617 F.2d 1342 (9th Cir.),

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