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UNITED STATES v. KHAN

No. 374, Docket 85-1230.

787 F.2d 28 (1986)

UNITED STATES of America, Appellee, v. Jan Dil KHAN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 25, 1986.

Attorney(s) appearing for the Case

Thomas M. O'Brien, New York City (The Legal Aid Soc., Federal Defender Services Unit, New York City, of counsel), for appellant.

Stephen F. Markstein, New York City (Rudolph W. Giuliani, U.S. Atty. for the S.D. of N.Y., Celia Goldwag Barynholtz, Asst. U.S. Atty. for the S.D. of N.Y., of counsel), for appellee.

Before FRIENDLY, MANSFIELD, and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

This case, which arises out of a scheme to smuggle heroin into our country, presents only one question deserving more than summary discussion: Should the district court have dismissed certain counts charged against the defendant in the superseding indictment on the ground that they were added only as a result of "prosecutorial vindictiveness" in response to defendant's rejection of plea discussions and his request for a jury trial after...

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