United States v. Bowline, No. 17-7080 (10th Cir. 2019)Annotate this Case
Defendant Ian Alexander Bowline was convicted by a jury on a number of charges involving unlawful prescriptions for oxycodone. He appealed his conviction, raising only one issue: whether the district court properly denied his untimely pretrial motion to dismiss his indictment on the ground of vindictive prosecution. The district court ruled: (1) he was procedurally barred because he had not shown good cause under Fed. R. Crim. P. 12(c)(3) to excuse his untimeliness; and (2) on the merits, he had not demonstrated that he was being subjected to a vindictive prosecution. After review, the Tenth Circuit Court of appeals affirmed, finding Defendant was not entitled to relief on appeal absent a showing of good cause to excuse the untimeliness of his motion. The Court therefore did not reach the merits of his vindictive-prosecution claim.