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United States v. Gary

Judgment of sentence affirmed; denial of defendant's motion to dismiss indictment was proper because government did not breach plea agreement in prior case by bringing instant indictment, and defendant's claim of government vindictiveness was not supported; court correctly calculated sentence.

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Opinion for the Court filed by Circuit Judge Edwards.

Appellant Blen Gary pled guilty to one count of bank fraud in violation of 13 U.S.C. s 1344, conditioned on her right to appeal the District Court’s denial of her motion to dismiss the indictment against her. On appeal, Gary claims that the District Court erred in denying her motion to dismiss, because the underlying indictment was obtained in violation of a plea agreement in another case and the Government was guilty of prosecutorial vindictiveness.

Gary also claims that the District Court erred in calculating her sentence. Finding no merit in these claims, we affirm the judgment of the District Court.

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