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U.S. v. JOHNSON

Docket No. 98-1716.

171 F.3d 139 (1999)

UNITED STATES of America, Appellant, v. Kenneth JOHNSON, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 24, 1999.

Attorney(s) appearing for the Case

Marc L. Mukasey, Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney, and Christine H. Chung, Assistant United States Attorney, of counsel), for Appellant.

Daniel Nobel, New York, NY, for Defendant-Appellee.

Before: CABRANES and STRAUB, Circuit Judges, and TSOUCALAS, Judge.

Per Curiam:

We consider here an order of the United States District Court for the Southern District of New York (Whitman Knapp, Judge) dismissing a three-count indictment, charging defendant-appellee Kenneth Johnson with various weapons violations, based upon the district court's finding of vindictive prosecution. The district court relied upon a sequence of events in which the Government did not initiate the weapons prosecution — despite the presumptive...

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