1. Home
  2. Browse Decisions
  3. F.3d
  4. 441 F.3d
  5. 441 F.3d 1310 (2006)
 

U.S. v. BARNER

No. 04-13384.

441 F.3d 1310 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Javado BARNER, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 10, 2006.

Attorney(s) appearing for the Case

Amy Levin Weil, Joseph A. Plummer, U.S. Atty., Yonette Sam-Buchanan, Atlanta, GA, for U.S.

L. Burton Finlayson (Court-Appointed), Atlanta, GA, for Barner.

Before ANDERSON, HULL and GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge:

The United States appeals from the district court's dismissal of the Fifth Superseding Indictment in this case. The government contends that the district court erred in concluding that the facts of this case warranted a presumption that the Fifth Superseding Indictment resulted from prosecutorial vindictiveness. We hold that no such presumption of vindictiveness was proper, but we remand for the district court to make findings as to...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases