United States v. Rully

SMITH, Chief Judge.

In prosecution for income tax evasion, defendant has filed three motions, for discovery and inspection, for dismissal of the first count as barred by limitations, and for bill of particulars.

The government has agreed to make available the material sought by motion for discovery and inspection. The motion for discovery and inspection may go off.

The motion to dismiss the first count of the Information is based on a claim that there is a fatal variance between the complaint filed with the Unit*882ed States Commissioner and the Information subsequently filed, and a claim that the…