Court of Appeals for the Fourth Circuit August 16, 2001, 00-4767, 00-4807 (United States v. Wiley Gene Wilson, United States of America v. Wiley Gene Wilson)

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Affirmed in part, reversed in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge GREGORY and Senior Judge ALARCON joined.

OPINION

NIEMEYER, Circuit Judge:

On the motion of Wiley Gene Wilson, the district court dismissed an indictment charging him with escape on the ground that the prosecution was motivated by vindictiveness. The court found that the U.S.