U.S. v. SALTZMAN

No. 07-30716.

537 F.3d 353 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. John Darren SALTZMAN, Defendant-Appellee,

United States Court of Appeals, Fifth Circuit.

July 22, 2008.


Attorney(s) appearing for the Case

Carol Loupe Michel (argued), Stephen A. Higginson and Diane Hollenshead Copes, Asst. U.S. Attys., New Orleans, LA, for U.S.

Michael S. Fawer (argued), Smith & Fawer, Covington, LA, for Saltzman.

Before SMITH, DeMOSS and STEWART, Circuit Judges.


CARL E. STEWART, Circuit Judge:

The Government appeals the district court's dismissal of three counts of the superseding indictment in this case. The Government contends that the district court erred in concluding that the facts of this case warrant a presumption of prosecutorial vindictiveness. We hold that application of the presumption was improper, and therefore we REVERSE and REMAND.

I.

Saltzman was previously employed as a part-time Jefferson...

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