United States v. George Ralph Herrera

The Government appeals from the dismissal of Herrera’s indictment. The court below held that the Government’s decision to proceed to trial on the indictment, in the face of Herrera’s willingness to accept the Government’s earlier offer to permit a guilty plea to a lesser charge, constituted vindictive prosecution. We reverse.

I

FACTS

On June 15, 1978, George Ralph Herrera and three co-defendants were indicted on ten counts of racketeering, conspiracy, and transportation of stolen property. 18 U.S.C. §§ 2 , 1962(c), 1962(d), 2311, 2315. All four defendants originally entered pleas of not guilty. After a number of continuances, a trial date was eventually set for October 23, 1979. By the time the date arrived, however, Herrera’s co-defendants had all changed their pleas to guilty pursuant to sealed plea agreements.

Herrera’s counsel began plea negotiations with the Government in October 1979, shortly before the scheduled trial date. On October 22, opposing counsel met in Phoenix, Arizona and tentatively agreed that Herrera would plead guilty to one felony count if he could be assured that he would not lose his California contractor’s license as a result. If it appeared that a…