United States v. Masaichi Ajimura

Ajimura appeals from the district court’s order of November 6, 1978, denying his motion to dismiss the indictment or to reconsider earlier orders. We affirm.

I. Statement of the Case

Ajimura and a co-defendant were tried in July of 1977 for alleged willful attempts to evade the personal income tax laws in violation of 26 U.S.C. § 7201 . During the course of the trial, the district court granted a mistrial.

On December 13, 1977, Ajimura and his co-defendant filed motions to bar retrial on the ground of double jeopardy. On March 16, 1978, the district court granted the motion as to appellant’s co-defendant but denied the motion as to appellant. United States v. Ajimura, 446 F.Supp. 1120 (D.Hawaii 1978).

On May 18, 1978, the Government filed a motion to set the case for retrial. On May 22, 1978, Ajimura filed a “motion for order amending order on motion to bar retrial,” requesting that the court’s March 16 order be certified as appealable under both Rule 5(a) of the Federal Rules of Appellate Procedure and 28 U.S.C. § 1292 (b); The district court denied this motion on June 1, 1978.

Twenty-two weeks later, on November 3, 1978, Ajimura filed a motion to dismiss the indictment or…