United States v. Javado Barner

JOHN R. GIBSON, Circuit Judge:

The United States appeals from the district court’s dismissal of the Fifth Superseding Indictment in this case. The government contends that the district court erred in concluding that the facts of this case warranted a presumption that the Fifth Superseding Indictment resulted from prosecutorial vindictiveness. We hold that no such presumption of vindictiveness was proper, but we remand' for the district court to make findings as to whether the Fifth Superseding Indictment was the result of actual vindictiveness.

Javado Barner was first indicted in this case on…