United States v. LaDeau, No. 12-6611 (6th Cir. Nov. 4, 2013) (Rogers, Griffin, and Donald), available here
The district court dismissed the superseding indictment, holding that the government’s decision to change to a receipt theory warranted a presumption of prosecutorial vindictiveness, which the government had failed to rebut.
On the government’s appeal, the Sixth Circuit affirmed, holding that the district court’s decision to dismiss was not an abuse of discretion.