UNITED STATES v. CURRIE

No. 80-1835.

682 F.2d 846 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. James Edward CURRIE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

July 29, 1982.


Attorney(s) appearing for the Case

Richard B. Kendall, Asst. U. S. Atty., Los Angeles, Cal., argued, for plaintiff-appellant; Robert L. Brosio, Asst. U. S. Atty., Los Angeles, Cal., on brief.

Alan M. Zarky, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellee.

Before NELSON and CANBY, Circuit Judges, and WILKINS, District Judge.


PER CURIAM:

On September 19, 1980, a superseding indictment was returned in the United States District Court for the Central District of California, charging defendant James Edward Currie with the felony of unlawfully disposing of a United States Treasury check with a value in excess of $100, in violation of 18 U.S.C. § 641. The district court thereafter dismissed the felony indictment, finding that it had been vindictively brought after defendant invoked his...

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