Legal Opinion
United States v. Jan Dil Khan
Court of Appeals for the Second Circuit
Decided March 25, 1986No. 374, Docket 85-1230PublishedCited by 84 opinions
1Opinion of the Court
GEORGE C. PRATT, Circuit Judge:
This case, which arises out of a scheme to smuggle heroin into our country, presents only one question deserving more than summary discussion: Should the district court have dismissed certain counts charged against the defendant in the superseding indictment on the ground that they were added only as a result of “prosecutorial vindictiveness” in response to defendant’s rejection of plea discussions and his request for a jury trial after trial on the original indictment resulted in a hung jury? Finding no reason to invoke a presumption of vindictiveness, no…
2Cases cited17 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- North Carolina v. PearceSupreme Court of the United States · 1969
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Blackledge v. PerrySupreme Court of the United States · 1974
- United States v. GoodwinSupreme Court of the United States · 1982
12 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Joyce Bickerstaff v. Vassar CollegeCourt of Appeals for the Second Circuit · 1999
- Richard S. RASKIN, Plaintiff-Appellant, v. the WYATT COMPANY, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1997
- United States v. SaccocciaCourt of Appeals for the First Circuit · 1995
- United States v. McGloryCourt of Appeals for the Third Circuit · 1992
- United States v. TorresCourt of Appeals for the Second Circuit · 1990
79 more not listed; retrieve them via the Exa API.