United States v. Christine Meyer United States of America v. Theresa Fitzgibbon United States of America v. Virginia Senders

MIKVA, Circuit Judge:

In this case, we review a district court’s decision to dismiss several informations on the ground of prosecutorial vindictiveness. The government contends that the district court’s finding of vindictiveness is wrong as a matter of law and perilous as a matter of policy. The government further contends that even if vindictive prosecution occurred, the remedy that the district court imposed is unwarranted. We decline to accept these claims. According proper deference to the lower court, we affirm its order to dismiss.

I. Background

On April 22, 1985, officers of the United…