{"id":9727,"date":"2013-11-05T08:41:56","date_gmt":"2013-11-05T08:41:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-11-05T08:41:56","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9727","title":{"rendered":"CA6: After evidence suppressed, new indictment for high mandatory minimum shown to be retaliatory"},"content":{"rendered":"<p>After defendant succeeded in suppressing a child pornography search, the government indicted him for conspiring to receive child pornography with a higher mandatory minimum. The district court held that the defendant made a case of government retaliation for winning the suppression motion,  which he had a right to file. After considering all the countervailing arguments, the district court\u2019s opinion is affirmed and was not an abuse of discretion. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/13a0320p-06.pdf\">United States v. Ladeau<\/a>, 2013 U.S. App. LEXIS 22313, 2013 FED App. 0320P (6th Cir. November 4, 2013):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>Defendant Daniel Bruce LaDeau was indicted on a single count of possessing child pornography, in violation of 18 U.S.C. \u00a7 2252A(a)(5)(A). This charge prescribed a sentencing range of zero to ten years&#8217; imprisonment. Subsequently, LaDeau moved to suppress the evidence that he had any such materials in his possession. After the district court granted LaDeau&#8217;s motion to suppress, the government sought and obtained a superseding one-count indictment charging LaDeau with a conspiracy offense based on evidence that had been in the government&#8217;s possession since before the initial indictment. But rather than charging LaDeau in the superseding indictment with conspiring to possess child pornography, the government chose to charge him with conspiring to receive child pornography\u2014a charging decision that subjected LaDeau to a five-to-twenty-year prison term instead of the previously applicable statutory range of zero to ten years. Defendant LaDeau then moved to dismiss the superseding indictment. The district court agreed with LaDeau that the government&#8217;s decision to change to a receipt theory warranted a presumption of prosecutorial vindictiveness, inasmuch as there was a realistic likelihood that LaDeau was being charged with a more serious offense in retaliation for his successful suppression motion. Concluding that the government had not rebutted the presumption of vindictiveness, the district court dismissed the superseding indictment. The government filed this appeal. Because the district court did not abuse its discretion in dismissing the superseding indictment, we affirm.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9727\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-9727","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9727","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9727"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9727\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9727"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9727"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9727"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}