UNITED STATES v. ALESSI

No. 961, Docket 76-1044.

536 F.2d 978 (1976)

UNITED STATES of America, Appellee, v. Virgil ALESSI, Appellant.

United States Court of Appeals, Second Circuit.

Decided May 26, 1976.


Attorney(s) appearing for the Case

Gary A. Woodfield, Asst. U.S. Atty., Brooklyn, N.Y. (David G. Trager, U.S. Atty., E.D.N.Y., and Paul B. Bergman, Asst. U.S. Atty., Brooklyn, N.Y., on the brief), for appellee.

Nancy Rosner, New York City, for appellant.

Before LUMBARD, WATERMAN and FEINBERG, Circuit Judges.


LUMBARD, Circuit Judge:

Virgil Alessi challenges a pre-trial order, entered by Judge Judd in the Eastern District on January 21, 1976, denying his motion to dismiss on alleged double jeopardy and due process grounds the tax evasion indictment now pending against him. On appeal, Alessi has restricted his argument to the contention that his present prosecution for failure to file federal income tax returns for the years 1968 to 1971, inclusive, is barred by the terms...

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