Delta Steamship Lines, Inc. v. Turner

How later courts describe this case

• dismissing indictment on marijuana charges when government did nothing for nine months after defendant’s arrest, then sought indictment after defendant moved to dismiss related cocaine charge
• considering claim of prosecutorial vindictiveness where defendant in tax prosecution case exercised his absolute right to venue in district in which he resided pursuant to 18 U.S.C. § 3237(b)
• constitutionally impermissible for government to up the ante to discourage defendant from exercising his right to change of venue
• vindictive prosecution claim brought when new indictment filed after defendant successfully moved for a change of venue
• vindictiveness found where government threatened to “restructure” case should defendant exercise right to change venue, and then reindicted defendant, adding new charge
• modification of the test not necessary because the alleged deficiencies did not amount to ineffectiveness even under the standard of "reasonable competency."
• securities cases in which non-settling defendants were granted credit for amount of settlement paid by other defendants
• “heavy burden” of offsetting presumptive prosecutorial vindictiveness not offset by showing of prosecutor’s inexperience