United States v. James Staples

96 F.3d 1452 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James STAPLES, Defendant-Appellant. No. 95-50298. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 12, 1996. Decided Sep. 03, 1996. Before: SCHROEDER and LEAVY, Circuit Judges, and TRIMBLE, * District Judge. MEMORANDUM ** James Staples appeals from his conviction and sentence on three counts of unlawfully possessing money stolen from the United States mails under 18 U.S.C. § 1708 . We affirm in part, reverse in part, and remand for resentencing. We reject Staples's contention that the district court erred by denying his motion to dismiss the first superseding indictment on the ground of either governmental misconduct or vindictive prosecution. Staples failed to show that the government acted improperly by deciding to recharge him when, following two proper continuances and the locating of a previously missing witness, the case had been…