United States v. Brown

MEMORANDUM OF OPINION AND ORDER

VIRGINIA EMERSON HOPKINS, District Judge.

I. Introduction

This matter is before the court on various Motions To Dismiss (see docs. 17, 25, 27, & 28) (the “Motions”) filed by Defendant, Jeremy Brown (“Brown”; “Defendant”). Brown seeks to dismiss his indictment for assaulting a correctional officer on the grounds that the indictment is the result of selective and/or vindictive prosecution.

On January 26, 2012, the parties filed a Stipulation of [Agreed] Facts (doc. 43) and Magistrate Judge John E. Ott held an evidentiary hearing on the Motions. On March 6, 2012,…