Simms v. United States

EASTERLY, Associate Judge:

Mr. Simms appeals from his conviction for assault on a police officer (“APO”) on the ground of prosecutorial vindictiveness. Specifically, Mr. Simms contends that the government, having announced that it was ready to try its case against him, vindictively added an APO charge to a preexisting charge of possession of marijuana after Mr. Simms exercised his right to compulsory process and asked the trial court to enforce a subpoena, thereby prompting the trial court to continue the case. Mr. Simms argues that, under the circumstances, he should have received the benefit…