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U.S. v. BERBERENA

Criminal No. 09-95.

640 F.Supp.2d 629 (2009)

UNITED STATES of America v. Jonathan BERBERENA.

United States District Court, E.D. Pennsylvania.

July 28, 2009.

Attorney(s) appearing for the Case

Thomas M. Zaleski, U.S. Attorney's Office, Philadelphia, PA, for Plaintiff.

Robert J. O'Shea, Jr., Philadelphia, PA, for Defendant.

MEMORANDUM

DALZELL, District Judge.

Defendant Jonathan Berberena petitions us to order the Government to offer him a plea agreement. Berberena does so on the theory that the Government's decision to withdraw an earlier agreement—after his successful motion to dismiss the charges against him—was presumptively vindictive and thus violated his due process rights.

I. Factual Background

On October 21...

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