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UNITED STATES v. MAYS

No. 83-3472.

738 F.2d 1188 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Alfonso MAYS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 13, 1984.

Attorney(s) appearing for the Case

H. Jay Stevens, Federal Public Defender, Orlando, Fla., for defendant-appellant.

Paul J. Moriarty, Asst. U.S. Atty., Orlando, Fla., for plaintiff-appellee.

Before HENDERSON and CLARK, Circuit Judges, and ATKINS, District Judge.

PER CURIAM:

The sole issue on this appeal is whether a threat by a prosecutor to increase the charges against a defendant who refuses to plead guilty following a mistrial on an original indictment constitutes prosecutorial vindictiveness.

The facts are undisputed. Initially, a grand jury in the District Court for the Middle District of Florida returned a one count indictment accusing the appellant, Alfonso Mays, of aiding and abetting another to utter a fraudulently...

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