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UNITED STATES v. KREZDORN

No. 81-1404.

718 F.2d 1360 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Herman V. KREZDORN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Certiorari Denied February 27, 1984.

Attorney(s) appearing for the Case

John E. Murphy, Sidney Powell, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellant.

Verne F. Knickerbocker, Eagle Pass, Tex., Paul E. Knisely, Austin, Tex., for defendant-appellee.

Before CLARK, Chief Judge, BROWN, GOLDBERG, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.

Certiorari Denied February 27, 1984. See 104 S.Ct. 1416.

CLARK, Chief Judge:

A prima facie case of prosecutorial vindictiveness arising from proof of the addition of a charge on remand following a successful appeal that suggested the added charge as a method of curing the error found may be rebutted by a factual showing of no vindictiveness. Despite findings of fact indicating that the prosecutor did not act vindictively, the district court dismissed the added...

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