People v Ryan

At issue in this appeal is whether the federal Drug Enforcement Agency’s referral of defendant to state prosecution rendered the state prosecution vindictive. This Court has addressed the issue of vindictive prosecution where a sentence is increased after a defendant’s appeal from a criminal conviction,1 but has *33not directly addressed alleged actual vindictiveness arising in the dual-sovereign pretrial context.2

We find that the defendant in this case failed to affirmatively prove actual vindictiveness because he did not show that the Wayne County prosecutor, by prosecuting under Michigan law,…