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UNITED STATES v. SASWAY

No. 82-1497.

686 F.2d 748 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin H. SASWAY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 23, 1982.

Attorney(s) appearing for the Case

Charles T. Bumer, San Diego, Cal., for defendant-appellant.

Robert D. Rose, Yesmin S. Annen, Asst. U. S. Attys., on the brief, Peter K. Nunez, U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before CHOY, SKOPIL and SCHROEDER, Circuit Judges.

PER CURIAM.

This is an interlocutory criminal appeal from the district court's denial of appellant's motion to dismiss the indictment on selective prosecution grounds. We granted appellee's motion to dismiss for the following reasons.

In United States v. Griffin, 617 F.2d 1342 (9th Cir. 1980), we held that a pretrial order denying a motion to dismiss on the ground of vindictive prosecution is appealable under 28 U.S...

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