United States v. Schiller

PRYOR, Associate Judge:

Of seventeen appellees, eight were indicted in a thirteen count indictment, and the remaining nine appellees were charged in a second nine count indictment.

Upon appellees’ request that the two indictments be consolidated, the government sought and obtained a third superseding *53indictment charging all seventeen appellees on all counts of a twenty-six count indictment. Appellees thereupon moved to dismiss all charges on the ground that the government’s action presented a realistic likelihood of prosecutorial vindictiveness. After a hearing, the court dismissed the…