Thompson v. United States, 444 U.S. 248 (1980)

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SIXTH CIRCUIT

Syllabus

The Court of Appeals, in affirming petitioner’s conviction, accepted the Government’s position that there had been no violation of the Department of Justice’s "Petite" policy -- whereby United States attorneys are forbidden to prosecute any person if the allegedly criminal behavior was an ingredient of a previous state prosecution against that person (as in the instant case), except where federal prosecution is specifically authorized in advance by the Department itself upon a finding that the prosecution will serve compelling interests of federal law enforcement. But in this Court, the Solicitor General conceded that the United States Attorney had not obtained the proper authorization before bringing the prosecution.

Held: This Court will vacate the Court of Appeals’ judgment and remand the case for that court’s reconsideration in light of the Government’s present position, rather than, as requested by the Government, vacate the Court of Appeals’ Judgment and remand the case to the District Court with instructions to grant the Government’s motion to dismiss the indictment.

Certiorari granted; 601 F.2d 591, vacated and remanded.