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Goodwin (D) was charged with a misdemeanor and given a trial date. D fled the jurisdiction. D was later found, and then charged with a felony based on the same facts. D was convicted of the felony. D moved to set the verdict aside on the ground of prosecutorial vindictiveness, claiming that the felony charge gave rise to an impermissible appearance of retaliation. The District Court denied the motion. The Court of Appeals reversed, stating that there was a presumption of vindictiveness unless the government (P) comes forward with objective evidence. P appealed.

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