United States Fifth Circuit

Dismissal of an indictment on the basis of prosecutorial vindictiveness is reversed where: 1) the filing of a superseding indictment containing additional charges following defendant's withdrawal of his guilty plea does not suggest a "realistic likelihood" of vindictiveness sufficient to raise a presumption of vindictiveness; and 2) defendant presented no evidence of actual vindictiveness.

Appellate Information

• Decided 07/22/2008
• Published 07/22/2008

Judges

• CARL E. STEWART, Circuit Judge:, Before SMITH, DeMOSS and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Carol Loupe Michel (argued), Stephen A. Higginson and Diane Hollenshead Copes, Asst. U.S. Attys., New Orleans, LA, for U.S., Michael S. Fawer (argued), Smith & Fawer, Covington, LA, for Saltzman.