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United States v. Mahdi

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Appeal from the Superior Court of the District of Columbia (Hon. Hiram Puig-Lugo, Trial Judge)

Argued May 24, 2001

The United States brings this appeal from a grant of appellee’s Motion to Dismiss for Vindictive Prosecution, arising out of charges of possession of cocaine and simple assault. The trial court granted in part and denied in part appellee’s motion, dismissing the simple assault charge and allowing the possession of cocaine charge to go forward. The government appeals this ruling, alleging that the trial court erred in applying the law on prosecutorial vindictiveness. We agree that because the evidence established that there was no actual vindictiveness on the part of the prosecution, dismissal was not warranted, and reverse.

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