United States v. Dennis Roy Choate

The government appeals from the dismissal of the indictment charging income tax evasion. The appeal is under 18 U.S.C. § 3731 as amended January 2, 1971. Two issues are presented:

(1) Was the defendant placed in jeopardy so as to deny this court jurisdiction under 18 U.S.C. § 3731 which provides that “no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution”?

(2) If this court has jurisdiction to entertain the appeal, did the trial court err in dismissing the indictment?

FACTS

The case was called on December 5, 1974. The defendant was questioned about his signature on the jury waiver and two stipulations of fact. Defendant agreed that he had full knowledge and voluntarily signed them. The court directed they be filed. Thereafter the United States Attorney said there were pretrial motions for disposition. The court then heard the motions. Defendant’s motion to dismiss the indictment on the ground of improper conduct of the government agents was granted after the taking of unrefuted testimony.

In August of 1972 Customs Agent Williams hired Tony Gordon as an informant to get information about defendant’s…