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U.S. v. Jenkins, No. 06-50049 (9th Cir.) (494 F.3d 1135) (July 17, 2007) (Judge Jr. William C. Canby)

Here a divided panel from the Ninth Circuit dismissed an indictment that charged the defendant with the crime of alien smuggling on the ground that the prosecutor’s conduct created the appearance of vindictive prosecution.

This is a rare vindictive prosecution case in which a divided panel from the Ninth Circuit ...

 

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