United States v. Virgil Alessi

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 of a prior plea bargain pursuant to which he pleaded guilty to narcotics conspiracy as detailed hereafter. The government…