United States Fourth Circuit

Because of the necessary presumption of prosecutorial regularity, a defendant must make a sufficiently strong showing for a presumption of vindictive prosecution, or even an order allowing a defendant to have discovery on the government's prosecutorial decisions.

Appellate Information

• Argued 05/10/2001
• Decided 08/16/2001
• Published 08/16/2001

Judges

• Before NIEMEYER and GREGORY, Circuit Judges, and ARTHUR L. ALARCON, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Anne Margaret Hayes, Assistant United States Attorney, Raleigh, NC, for Plaintiff-Appellant. Christopher G. Browning, Jr., Hunton & Williams, Raleigh, NC, for Defendant-Appellee. ON BRIEF:  Janice McKenzie Cole, United States Attorney, Raleigh, North Carolina, for Plaintiff-Appellant.  Carolyn A. Dubay, Hunton & Williams, Raleigh, NC, for Defendant-Appellee.