United States v. Don King and Don King Productions, Inc.

FEINBERG, Circuit Judge:

The government appeals from an order of the United States District Court for the Southern District of New York, Lawrence M. McKenna, J., dismissing for prosecutorial vindictiveness a superseding indictment as to defendant Don King Productions, Inc. (the “Corporation”) obtained after the trial on the original indictment, which charged only defendant Don King individually, ended in a mistrial. The district .court found that the indictment of the Corporation constituted an enhancement of the potential penalties faced by King, the Corporation’s 100% shareholder. The court…