United States v. Thomas F. Brown, Jr.

77 F.3d 490 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Thomas F. BROWN, Jr., Defendant-Appellant. No. 95-30168. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1996. * Decided Feb. 12, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Thomas F. Brown, Jr. appeals the denial of his motion to dismiss the charge of use of a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924 (c), as vindictively motivated. We have jurisdiction under 28 U.S.C. § 1291 . The standard of review for vindictive prosecution is unsettled in this circuit. United States v. VonWillie, 59 F.3d 922, 927 (9th Cir.1995). Under any standard, we conclude that the addition of the firearm charge was not vindictively motivated, and affirm. 3 Brown contends that he was vindictively prosecuted because the government added the firearm charge in retaliation for his exercise of his…