United States v. Wood
Facts: Wood is investigated for bribery involving the illegal transfer of a car and then lying to the FBI about. Bribery requires showing a quid pro quo and is difficult to prosecute so the charges of lying to government are pursued. That charge is dismissed but Wood is still convicted on obstruction of justice. He appeals the decision which grants the motion for a new trial. The bribery charge is reinstated following the appeal. Wood seeks dismissal based on vindictive prosecution.
· Tenth Circuit affirms dismissal on grounds of vindictive prosecution.
· The filing of the new charges occurred two years after the initial trial with no new evidence or change in the law.
Why didn’t the government attempt to rebut the presumption? Because there was no reason to add the bribery charges. It was a vindictive prosecution.