United States v. Hollywood Motor Car Company, Inc., Frederic Michael Bernstein, and Terrance Quatkemeyer

646 F.2d 384 UNITED STATES of America, Plaintiff-Appellee, v. HOLLYWOOD MOTOR CAR COMPANY, INC., Frederic Michael Bernstein, and Terrance Quatkemeyer, Defendants-Appellants. Nos. 80-1405, 80-1409. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1980. Decided May 26, 1981. Thomas R. Sheridan, Los Angeles, Cal., for defendants-appellants. Molly Munger, Asst. U.S. Atty., Los Angeles, Cal., argued for plaintiff-appellee; Andrea Sheridan Ordin, U.S. Atty., Los Angeles, Cal., on brief. Appeal from the United States District Court for the Central District of California. Before CHOY and TANG, Circuit Judges, and HANSON, * District Judge. CHOY, Circuit Judge: 1 This is a consolidated appeal from the district court's denial of a motion to dismiss the indictment on the ground of vindictive prosecution. The question on this appeal is whether a case of vindictive prosecution is established when the Government threatens a defendant with enhanced charges if he exercises his right to request a change of venue and then does enhance the charges even though the Government subsequently dismisses several of the charges. We find that a vindictive prosecution case is…