The following excerpt is from U.S. v. Loud Hawk, 741 F.2d 1184 (9th Cir. 1984):
2 United States v. Ciammitti, 720 F.2d 927 (6th Cir.1983), on which the government relies, is not contrary to our holding. There the government did not appeal the court-ordered dismissal. During the period after dismissal and prior to indictment, no charges were pending against defendants and no appeal was being prosecuted. Defendants were therefore not subject to the imposition of any restraints on their freedom and were not the subject of any public accusation of guilt.
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