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U.S. v. WILSON

Nos. 00-4767, 00-4807.

262 F.3d 305 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Wiley Gene Wilson, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Wiley Gene Wilson, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 16, 2001.

Attorney(s) appearing for the Case

ARGUED: Anne Margaret Hayes, Assistant United States Attorney, Raleigh, NC, for Plaintiff-Appellant. Christopher G. Browning, Jr., Hunton & Williams, Raleigh, NC, for Defendant-Appellee. ON BRIEF: Janice McKenzie Cole, United States Attorney, Raleigh, North Carolina, for Plaintiff-Appellant. Carolyn A. Dubay, Hunton & Williams, Raleigh, NC, for Defendant-Appellee.

Before NIEMEYER and GREGORY, Circuit Judges, and ARTHUR L. ALARCON, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Affirmed in part, reversed in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge GREGORY and Senior Judge ALARCON joined.

OPINION

NIEMEYER, Circuit Judge:

On the motion of Wiley Gene Wilson, the district court dismissed an indictment charging him with escape on the ground that the prosecution was motivated by vindictiveness. The court found that the U.S. Attorney for...

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