UNITED STATES v. SPIESZ

Nos. 81-1641, 81-1642.

689 F.2d 1326 (1982)

UNITED STATES of America, Appellee, v. Philip SPIESZ, Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1982.


Attorney(s) appearing for the Case

Jeffrey M. Evans, Seattle, Wash., argued, for appellant; Robert J. Wayne, Seattle, Wash., on brief.

Michael P. Ruark, Asst. U. S. Atty., Seattle, Wash., for the U. S.

Before KILKENNY, ANDERSON and ALARCON, Circuit Judges.


KILKENNY, Circuit Judge:

Appellant has filed this pre-trial appeal from the district court's order denying his motion to dismiss two superseding indictments on the ground of vindictive prosecution. The district court found that Spiesz had made a prima facie case of prosecutorial vindictiveness, but on the record before it held that the prima facie case had been overcome and that the government had sufficiently rebutted the appearance of vindictiveness...

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