United States v. Joseph A. Rizzo

OPINION OF THE COURT

This appeal is from a June 3, 1970, district court order, 313 F.Supp. 734, denying a Motion for Judgment of Acquittal, which was taken under advisement and was determined after the jury had been discharged due to its inability to reach a verdict, in a criminal prosecution for violation of 26 U.S.C. § 7206 (2) - 1 After careful consideration, we have concluded that the above order of June 3, 1970, is not a “final decision” 2 under 28 U.S.C. § 1291 for the reasons stated in Gilmore v. United States, 264 F.2d 44 (5th Cir.), cert. denied, 359 U.S. 994, 79 S.Ct. 1126, 3 L.Ed.2d…