Is a motion denying a motion to dismiss on the ground of vindictive prosecution appealable?
MultiRegion, United States of America
The following excerpt is from U.S. v. Sasway, 686 F.2d 748 (9th Cir. 1982):
In United States v. Griffin, 617 F.2d 1342 (9th Cir. 1980), we held that a pretrial order denying a motion to dismiss on the ground of vindictive prosecution is appealable under 28 U.S.C. 1291. In United States v. Wilson, 639 F.2d 500, 501-02 (9th Cir. 1981), we noted the lack of "substantive difference" between vindictive and selective prosecution claims, and extended the Griffin rule to orders denying motions alleging selective prosecution.
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