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U.S. v. KENT

No. 10-10011.

633 F.3d 920 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jay KENT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2011.

Attorney(s) appearing for the Case

Barry J. Portman , Federal Public Defender, and Daniel P. Blank (argued), Assistant Federal Public Defender, San Francisco, CA, for defendant-appellant Jay Kent.

Joseph P. Russoniello , United States Attorney, and Amber S. Rosen (argued), Assistant United States Attorney, San Jose, CA, for plaintiff-appellee United States of America.

Before: RONALD M. GOULD and CONSUELO M. CALLAHAN, Circuit Judges, and EDWARD R. KORMAN, Senior District Judge.

OPINION

GOULD, Circuit Judge:

Jay Kent's appeal of his conviction and sentence for drug distribution offenses requires us to decide two questions: First, once a defendant has stated before the district court his or her intention to enter a guilty plea, is it an abuse of that court's discretion to accept a prosecutor's filing of enhanced charges against the defendant? Second, does a prosecutor act with impermissible vindictiveness when he or she makes good...

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