United States Ninth Circuit

Dismissal of defendant's indictment for alien smuggling based on the appearance of vindictive prosecution is affirmed where: 1) because the government could have prosecuted defendant for alien smuggling well before she presented her theory of defense at a marijuana smuggling trial, the timing of the charges created the appearance of vindictiveness; and 2) an assertion that the government's case against defendant was much stronger after her in-court admission of alien smuggling did not suffice to dispel the appearance of vindictiveness.

Appellate Information

• Argued 02/15/2007
• Decided 07/17/2007
• Published 07/17/2007

Judges

Court

• United States Ninth Circuit

Counsel