United States v. James Edward Currie

On September 19, 1980, a superseding indictment was returned in the United States District Court for the Central District of California, charging defendant James Edward Currie with the felony of unlawfully disposing of a United States Treasury check with a value in excess of $100, in violation of 18 U.S.C. § 641 . The district court thereafter dismissed the felony indictment, finding that it had been vindictively brought after defendant invoked his right to be tried on a related misdemeanor charge that previously was filed against him.

On August 17, 1981, this court affirmed the judgment of the district court. The Government filed a timely petition for rehearing and suggestion for rehearing en banc. On February 5, 1982, this court issued an amended opinion, which is reported at 667 F.2d 1251 (9th Cir.). The Government’s petition for rehearing was denied and the suggestion for en banc was rejected by order filed February 10, 1982.

The Government petitioned for writ of certiorari in the Supreme Court of the United States. On June 21, 1982, the Supreme Court granted the Government’s petition for a writ of certiorari. The Court then vacated the judgment and remanded the case to the…