Does a prosecutor violate due process when he seeks additional charges solely for exercising a constitutional or statutory right?
MultiRegion, United States of America
The following excerpt is from USA v. Herrera, 273 F.3d 1213 (9th Cir. 2001):
A prosecutor violates due process when he seeks additional charges solely to punish a defendant for exercising a constitutional or statutory right. United States v. Gamez-Orduno, 235 F.3d 453, 462 (9th Cir. 2000). However,
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