UNITED STATES v. HECHT

No. 80-1916.

638 F.2d 651 (1981)

UNITED STATES of America, v. John M. HECHT, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 19, 1981.

As Amended November 23, 1981.


Attorney(s) appearing for the Case

William C. McClure (argued), McClure & Watkins, P. C., Pittsburgh, Pa., for appellant.

Robert J. Cindrich, U. S. Atty., Paul J. Brysh (argued), Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

Before GIBBONS and WEIS, Circuit Judges and WHIPPLE, District Judge.


OPINION OF THE COURT

WHIPPLE, District Judge:

We review on this appeal the order of the district court denying appellant Hecht's motion to dismiss his indictment on four counts of federal income tax evasion as barred by the double jeopardy clause of the Fifth Amendment. This case raises two major issues: first, when circumstances justify the vacation of a guilty plea, and second, the impact of the double jeopardy clause on the prosecution of a case once...

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