United States v. James Edward Currie

The United States, by information, charged the appellee with conversion of a stolen United States Treasury check having a value not in excess of $100.00. 18 U.S.C. § 641 . Appellee was arraigned and the matter was set for trial before a United States Magistrate. Approximately one month before the date set for trial, an Assistant United States Attorney was assigned to prosecute the matter and discovery procedures began, but no plea bargaining took place. A week or so later, appellee’s attorney notified the Assistant United States Attorney that his client intended to go to trial. Shortly thereafter the appellee’s counsel was notified that the .United States intended to seek an indictment of appellee charging him with a felony under the same statute upon which the information had been predicated. Indictment would increase appellee’s maximum possible sentence from one year to ten years. Appellee was given one week, however, in which to plead guilty to the misdemeanor charge in exchange for which the United States would abandon its intent to indict him. When appellee refused to so plead he was indicted, but at a pretrial hearing the trial judge dismissed the indictment as the product…