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UNITED STATES v. MARTINEZ

No. 85-1146X.

785 F.2d 663 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. Franke Eugenio MARTINEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 10, 1986.

Attorney(s) appearing for the Case

Robert J. Erickson, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Kenneth A. Padilla, Denver, Colo., Michael E. Tigar, Austin, Tex., William M. Kunstler, New York City, for defendant-appellee.

Before BROWNING, SNEED, and HUG, Circuit Judges.

SNEED, Circuit Judge:

The government appeals from the district court's dismissal of an indictment of Franke Martinez on the ground that the indictment had impermissibly retained the appearance of vindictive prosecution. We reverse.

I.

FACTS AND PROCEEDINGS BELOW

In 1973, appellee Franke Martinez, a Colorado attorney, was indicted for allegedly mailing letter bombs, for possessing explosive devices, and for conspiring to do so. He left the...

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