The following excerpt is from U.S. v. Bendis, 681 F.2d 561 (9th Cir. 1982):
A prima facie showing of vindictiveness must be made by a defendant before the government will be required to present rebuttal evidence. See, e. g., United States v. Griffin, supra, 617 F.2d at 1347. "In most cases, this involves a showing that the prosecutor has re-indicted the defendants
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