United States v. Philip Spiesz

Good Law
689 F.2d 1326·1982 U.S. App. LEXIS 21288
United States Court of Appeals for the Ninth CircuitMarch 4, 198281-1641, 81-1642California1,807 words

Opinion

Opinion

Kilkenny, J.

Appellant has filed this pre-trial appeal from the district court’s order denying his motion to dismiss two superseding indictments on the ground of vindictive prosecution. The district court found that Spiesz had made a prima facie case of prosecutorial vindictiveness, but on the record before it held that the prima facie case had been overcome and that the government had sufficiently rebutted the appearance of vindictiveness. We affirm.

FACTUAL BACKGROUND

To properly understand the issue before us, a look at the factual background is helpful. The Drug Enforcement Agency (DEA) initiated this investigation by placing a surveillance on Henry Foundas, who later in May, 1981, while using the name Henry Cooper, attempted to make a cash purchase of a boat. During the next couple of months, DEA observed him, his son, John, William Butler, John Norris, and others acquire a number of boats and outfit them with the equipment necessary for smuggling marihuana. They also made a cash purchase of an expensive waterfront home south of Bellingham, Washington, on Chuckanut Road. In late June, Foundas purchased the motor vessel COURAGEOUS and moored it at the Chuckanut residence.

The COURAGEOUS…

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