United States v. Herman v. Krezdorn

GOLDBERG, Circuit Judge:

In this appeal, we are called upon to review a finding of prosecutorial vindictiveness.

1. FACTS AND PROCEEDINGS BELOW

In 1979, Herman V. Krezdorn, a United States Immigration Inspector, was indicted on five counts of forging immigration documents in violation of 18 U.S.C. § 1426(a).1 The district court directed a verdict of acquittal on one count, and a jury convicted defendant on the remaining four counts. On appeal, this Court held that the district court erred in allowing the prosecution to introduce evidence of thirty-two additional forgeries not charged in the…