United States v. Korey

MEMORANDUM

GARY L. LANCASTER, District Judge.

On January 29, 2008, a grand jury sitting in the United States District Court for the Western District of Pennsylvania issued a five count indictment against defendant Jason Korey. Mr. Korey has filed a motion to dismiss the indictment [doc. no. 44]. Defendant contends that the charges contained in the indictment are both time-barred and are the result of vindictive prosecution. For the reasons set forth below, the motion will be granted.

I. BACKGROUND 1

The genesis of this case was in February of 2004, when a grand jury sitting in the Western…