United States v. Bowline

HARTZ, Circuit Judge.

Defendant Ian Alexander Bowline was convicted by a jury in the United States District Court for the Eastern District of Oklahoma on a number of charges involving unlawful prescriptions for oxycodone. He appeals his conviction, raising only one issue: whether the district court properly denied his untimely pretrial motion to dismiss his indictment on the ground of vindictive prosecution. The district court ruled (1) that he was procedurally barred because he had not shown good cause under Fed. R. Crim. P. 12(c)(3) to excuse his untimeliness and (2) that on the merits he…