UNITED STATES v. GALLEGOS-CURIEL

No. 81-1258.

681 F.2d 1164 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Agustin GALLEGOS-CURIEL, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 21, 1982.


Attorney(s) appearing for the Case

Gerald S. Frank, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellant.

Bernardo P. Velasco, Asst. Federal Public Defender, Tucson, Ariz., for defendant-appellee.

Before WALLACE and KENNEDY, Circuit Judges, and HOFFMAN, District Judge.


KENNEDY, Circuit Judge:

This case requires us to examine a ruling based on the claim of vindictive prosecution. The district court dismissed a felony indictment for illegal entry on the ground of presumed vindictiveness because the indictment followed entry of a not guilty plea to a misdemeanor charge at an initial appearance before the magistrate. The Government appeals. We reverse.1

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