After over a year of no further legal or investigative developments, on October 9, 2008, a federal grand jury in Maine indicted Tobin anew on two counts of making false statements to FBI agents. At that time Shaheen and Sununu were reprising their 2002 race, which Shaheen won.[43] These subsequent charges were summarily dismissed in 2009 after the federal judge in Maine's District Court found them motivated by "vindictive prosecution".[44] The judge held that the government could not overcome the legal presumption that the post-appeal charges arising from the same conduct were "vindictive" under United States v. Goodwin, 457 U.S. 372 (1982) and Bordenkircher v. Hayes, 434 U.S. 357 (1978). That is because the new indictment was returned only after the government lost its appeal in United States v. Tobin, 480 F.3d 53, 54-55 (1st Cir.2007), raising a presumption that new prosecution was a response to Tobin's successful exercise of his appellate rights.