Opinion by Judge CANBY; Partial Dissent by Judge CONLON.
CANBY, Circuit Judge:
The United States appeals the district court's dismissal of an indictment of Sharon Ann Jenkins for alien smuggling. The ground of dismissal was the appearance of vindictive prosecution.
Jenkins was apprehended twice for attempting to cross the U.S.-Mexico border while driving a vehicle containing undocumented aliens. Both times, Jenkins stated that she had been paid to...
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