United States v. James Albert Robison, United States of America v. Fred Joseph Pedote, United States of America v. Leroy Jones

Robison and co-defendants Pedote and Jones were indicted for conspiracy to destroy a building by means of explosives, 18 U.S.C. § 844 (i), and various related crimes. After the district court denied a motion to dismiss the indictment on the ground of vindictive prosecution, Robison brought this interlocutory appeal pursuant to our holding in United States v. Griffin, 617 F.2d 1342 (9th Cir.), cert. denied, - U.S. -, 101 S.Ct. 167 , 66 L.Ed.2d 80 (1980) (rejection of vindictive prosecution claim appealable under “collateral order” doctrine). Because the facts in this case fail to raise the “appearance of vindictiveness” necessary to trigger inquiry into the prosecutor’s motives, we grant the Government’s motion for summary affirmance.

I

On September 11, 1975, a dynamite blast destroyed Topps Tavern in Phoenix, Arizona. There were no casualties. About 10 months later, another dynamite blast in Phoenix destroyed the auto of a newspaper reporter, killing him.

In the years following, Robison defended himself against a variety of state and federal charges. In 1976, Arizona convicted him of five felony assaults. In 1977, Robison was convicted of murdering the newspaper reporter and…