United States v. Yahya M. Ahmed, Also Known as Yaha M. Ahmaed, Also Known as Ahmed M. Yahya

MESKILL, Chief Judge:

Yahya M. Ahmed appeals from the denial of a motion to dismiss his indictment on double jeopardy grounds in the United States District Court for the Southern District of New York, Edelstein, J. We must decide whether evidence of a failure to appear in court, introduced to show consciousness of guilt in a narcotics trial, bars a later prosecution for bail jumping. We answer this question in the negative.

Ahmed also appeals from Judge Edel-stein’s refusal to recuse himself. Since that ruling, however, Judge Edelstein directed the clerk of court to reassign the case to a…