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U.S. v. ACCETTURO

No. 87-5045.

858 F.2d 679 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Anthony ACCETTURO, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 25, 1988.

Attorney(s) appearing for the Case

Dexter W. Lehtinen, U.S. Atty., Miami, Fla., Lothar R. Genge, Sp. Atty., U.S. Dept. of Justice, Ft. Lauderdale Field Office, Ft. Lauderdale, Fla., Deborah Watson, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Donald I. Bierman, Bierman, Shohat & Loewy, P.A., Ira N. Loewy, Miami, Fla., for defendant-appellee.

Before RONEY, Chief Judge, and ANDERSON, Circuit Judge, and ALLGOOD, Senior District Judge.

ANDERSON, Circuit Judge:

This is an appeal by the government from the dismissal of Count I of a two-count indictment on income tax evasion, on the basis of prosecutorial misconduct. The indictment charged that defendant-appellee Anthony Accetturo filed false income tax returns for the tax years 1975 (Count I of the indictment) and 1976 (Count II of the indictment). It was handed down April 15, 1983, one day before the statute...

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