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Third Circuit· 7/18/1989

United States v. David D. Schoolcraft

Citations

  • 879 F.2d 64
  • 1989 WL 66566

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the proper standard of review for vindictive prosecution is unsettled in the Ninth Circuit
  • agreeing with other federal courts of appeals that the episodes approach “simply require[s] that the criminal episodes be distinct in time”
  • “There is no prosecutorial vindictiveness ... where the prosecutor’s decision to prosecute is based on the usual determinative factors.”
  • prosecution by a different sovereign tends to negate a vindictive prosecution claim
  • setting forth the elements of selective prosecution, which are identical

Source: CourtListener parenthetical corpus (CC0).

Judges: Hutchinson, Scirica, Nygaard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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