United States v. John M. Hecht

OPINION OP 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 jus-, tify the vacation of a guilty plea, and second, the impact of the double jeopardy clause on the prosecution of a case once a guilty plea has been accepted. Jurisdiction is premised on 28 U.S.C. § 1291.

THE FACTS

Appellant John Hecht was indicted on February 5,…