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UNITED STATES v. SHAW

No. 80-1329.

655 F.2d 168 (1981)

UNITED STATES of America, Plaintiff/Appellee, v. David M. SHAW, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 2, 1981.

Rehearing Denied May 18, 1981.

Attorney(s) appearing for the Case

Thomas R. Sheridan, Simon & Sheridan, Los Angeles, Cal., for defendant/appellant; James J. Coyle, Los Angeles, Cal., on brief.

Suzanne B. Conlon, Los Angeles, Cal., for plaintiff/appellee; Nancy W. Stock, Asst. U. S. Atty., Los Angeles, Cal., on brief.

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

HANSON, Senior District Judge:

David Shaw appeals from the district court's order vacating Shaw's guilty plea over his objection and claim of vindictive prosecution. The issues presented are: (1) whether the district court's pretrial order is appealable as a "final decision" within the meaning of 28 U.S.C. § 1291; and (2) whether the government's moving to vacate Shaw's guilty plea after he moved to arrest judgment under F.R.Crim.P. 34 constitutes vindictive...

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