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UNITED STATES v. CLENDENING

No. 74-4103.

526 F.2d 842 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. William B. CLENDENING, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 25, 1976.

Attorney(s) appearing for the Case

Anthony J. P. Farris, U.S. Atty., Jack O'Donnell, Mary L. Sinderson, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellant.

T. D. Smith, William E. Heitkamp, Houston, Tex., for defendant-appellee.

Before GOLDBERG and AINSWORTH, Circuit Judges, and NICHOLS, Associate Judge.

AINSWORTH, Circuit Judge:

The United States appeals from dismissal by the District Court of an indictment charging William B. Clendening with three counts of attempted evasion of income taxes in violation of 26 U.S.C. § 7201. The Government contends that the trial court erred in predicating its dismissal with prejudice on alleged noncompliance with the District Court's Rule 50(b) Plan for Achieving Prompt Disposition of Criminal Cases of the Southern District...

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