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UNITED STATES v. BALLESTER

Nos. 84-1066 to 84-1068.

763 F.2d 368 (1985)

UNITED STATES of America, Plaintiff/Appellee, v. Thomas William BALLESTER, Defendant/Appellant. UNITED STATES of America, Plaintiff/Appellee, v. Richard Thomas McGIFFEN, Defendant/Appellant. UNITED STATES of America, Plaintiff/Appellee, v. Daniel Elton HAYES, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1985.

Attorney(s) appearing for the Case

Donald B. Ayer, Sacramento, Cal., for plaintiff-appellee.

Michael Ward, Modesto, Cal., for defendant-appellant Thomas Ballester.

James R. Homola, Fresno, Cal., for defendant-appellant Richard McGiffen.

Stephen Mensel, Fresno, Cal., for defendant-appellant Daniel Hayes.

Before MERRILL, GOODWIN and ALARCON, Circuit Judges.

PER CURIAM.

The denial of appellants' motion to dismiss on the ground of vindictive prosecution was not error.

I

While, generally, claims of prosecutorial vindictiveness are not reviewable on appeal because they constitute an interlocutory appeal under 28 U.S.C. § 1291, United States v. Hollywood Motor Car Co., 458 U.S. 263, 102 S.Ct. 3081, 73 L.Ed.2d 754 (1982), this appeal is not interlocutory. Appellants...

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