United States v. Ambort

ORDER AND JUDGMENT *

STEPHEN H. ANDERSON, Senior Circuit Judge.

This matter is before us on interlocutory appeal for the second time in an attempt by Defendants Appellants (“Defendants”) to avoid trial on various charges alleging violation of federal tax laws.1 Relying principally on United States v. P.H.E., Inc., 965 F.2d 848 (10th Cir.1992), Defendants assert that they have a First Amendment “right not to be tried.” Specifically, they contend that the government is waging a vindictive prosecution against them, motivated by a desire to chill their First Amendment rights.

We rejected the…