Does Hubert have a valid case to argue that he would not be vindictive if he found a felon in possession during a search?

Hubert does not satisfy the totality of the circumstances. He points to no rights that could be infringed or chilled by any alleged threats of prosecution, nor does he point to any increased charges due to the exercise of any procedural or constitutional rights. That the felon in possession charge did not come until sometime after the original search does not require a hearing on vindictive prosecution. See United States v. Allen, 699 F.2d 453 (9th Cir.1982) (not vindictive prosecution to pursue unrelated prosecution because penalty in a separate case was light).