Legal Opinion
United States v. George Ralph Herrera
Court of Appeals for the Ninth Circuit
Decided February 23, 1981No. 80-1113PublishedCited by 25 opinions
1Opinion of the Court
FLETCHER, Circuit Judge:
The Government appeals from the dismissal of Herrera’s indictment. The court below held that the Government’s decision to proceed to trial on the indictment, in the face of Herrera’s willingness to accept the Government’s earlier offer to permit a guilty plea to a lesser charge, constituted vindictive prosecution. We reverse.
I
FACTS
On June 15, 1978, George Ralph Herrera and three co-defendants were indicted on ten counts of racketeering, conspiracy, and transportation of stolen property. 18 U.S.C. §§ 2, 1962(c), 1962(d), 2311, 2315. 1 All four defendants originally…
2Cases cited12 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Santobello v. New YorkSupreme Court of the United States · 1971
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Blackledge v. PerrySupreme Court of the United States · 1974
- Weatherford v. BurseySupreme Court of the United States · 1977
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States v. Robert James MillerCourt of Appeals for the Ninth Circuit · 1983
- United States v. Jesus Antonio Partida-ParraCourt of Appeals for the Ninth Circuit · 1988
- State Ex Rel. Brewer v. StarcherWest Virginia Supreme Court · 1995
- Winford L. Stokes, Jr. v. William M. Armontrout, William L. WebsterCourt of Appeals for the Eighth Circuit · 1988
- United States v. Dan HolmanCourt of Appeals for the Sixth Circuit · 1984
20 more not listed; retrieve them via the Exa API.