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UNITED STATES v. CHOATE

No. 75-1081.

527 F.2d 748 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. Dennis Roy CHOATE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 21, 1975.

Attorney(s) appearing for the Case

Joel Levine, Asst. U. S. Atty. (argued), Los Angeles, Cal., for plaintiff-appellant.

Richard G. Sherman (argued), Los Angeles, Cal., for defendant-appellee.

Before WRIGHT and SNEED, Circuit Judges, and POWELL, District Judge.

OPINION

PER CURIAM:

The government appeals from the dismissal of the indictment charging income tax evasion. The appeal is under 18 U.S.C. § 3731 as amended January 2, 1971. Two issues are presented:

(1) Was the defendant placed in jeopardy so as to deny this court jurisdiction under 18 U.S.C. § 3731 which provides that "no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution...

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