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UNITED STATES v. INMON

No. 78-1819.

594 F.2d 352 (1979)

UNITED STATES of America v. Martel INMON, a/k/a Marty, Martel Inmon, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 13, 1979.

Attorney(s) appearing for the Case

G. William Bills, Jr., Pittsburgh, Pa., for appellant.

Robert J. Cindrich, U. S. Atty., Charles D. Sheehy, James J. West, Asst. U. S. Attys., Pittsburgh, Pa., for appellee.

Before ROSENN, VAN DUSEN and GARTH, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Appellant is before this court for a second time arguing that the constitutional prohibition against double jeopardy bars prosecution of a second conspiracy indictment after defendant had pleaded guilty to a first indictment. On the prior appeal, we held that once a defendant has presented a prima facie non-frivolous claim of double jeopardy, he is entitled to an evidentiary hearing prior to trial to resolve the issue.

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