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UNITED STATES v. ROSARIO

Nos. 81-2432, 81-2519 and 81-2522.

677 F.2d 614 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Juan ROSARIO, Robert Richard Brown and Carl DeMichael, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 10, 1982.

Attorney(s) appearing for the Case

William H. Theis, Chicago, Ill., Waring R. Fincke, Shellow, Shellow & Glynn, Milwaukee, Wis., John W. Conniff, Chicago, Ill., for defendants-appellants.

Phillip A. Turner, Asst. U. S. Atty., Dan K. Webb, U. S. Atty., Chicago, Ill., Lawrence O. Anderson, Asst. U. S. Atty., Milwaukee, Wis., for plaintiff-appellee.

Before PELL, BAUER and CUDAHY, Circuit Judges.

PER CURIAM.

In these appeals we decide that the district court's denial of a motion to dismiss a criminal indictment on the allegation of prosecutorial vindictiveness is not a final appealable order. 28 U.S.C. § 1291. For reasons presented below, we dismiss these appeals for want of appellate jurisdiction.1

In United States v. Brown and DeMichael, Nos. 81-2519, 81-2522 ("Brown"), the defendants moved to dismiss...

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