Legal Opinion

United States v. Kenneth Johnson

Court of Appeals for the Second Circuit

Decided March 24, 1999No. Docket 98-1716PublishedCited by 40 opinions

1Per curiam

We consider here an order of the United States District Court for the Southern District of New York (Whitman Knapp, Judge) dismissing a three-count indictment, charging defendant-appellee Kenneth Johnson with various weapons violations, based upon the district court’s finding of vindictive prosecution. The district court relied upon a sequence of events in which the Government did not initiate the weapons prosecution- — despite the presumptive availability of the underlying evidence and an ongoing state prosecution based on the same facts — until after defendant had exercised his right to a…

2Cases cited12 opinions

  1. United States v. GoodwinSupreme Court of the United States · 1982
  2. United States v. Shawn PetersonCourt of Appeals for the Second Circuit · 1996
  3. United States v. Jan Dil KhanCourt of Appeals for the Second Circuit · 1986
  4. United States v. StokesCourt of Appeals for the First Circuit · 1997
  5. United States v. Alfred Leotis Rodgers, United States of America v. Michael Reed RodgersCourt of Appeals for the Eighth Circuit · 1994

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3Cited by40 opinions

  1. Neal v. StateCourt of Criminal Appeals of Texas · 2004
  2. United States v. Elizabeth Sanders James SandersCourt of Appeals for the Second Circuit · 2000
  3. United States v. StewartCourt of Appeals for the Second Circuit · 2009
  4. United States v. MaddoxCourt of Appeals for the D.C. Circuit · 2001
  5. United States of America, Appellee-Cross-Appellant v. Jeffrey A. Johnson, Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2000

35 more not listed; retrieve them via the Exa API.

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