United States v. Herman v. Krezdorn

CLARK, Chief Judge:

A prima facie case of prosecutorial vindictiveness arising from proof of the addition of a charge on remand following a successful appeal that suggested the added charge as a method of curing the error found may be rebutted by a factual showing of no vindictiveness. Despite findings of fact indicating that the prosecutor did not act vindictively, the district court dismissed the added charge. We reverse that dismissal and remand for further proceedings.

I

In the original indictment in this cause, Herman V. Krezdorn was charged in five separate substantive counts with forging…