UNITED STATES v. TOMEO

No. 71-1647.

459 F.2d 445 (1972)

UNITED STATES of America, Appellee, v. Michael Anthony TOMEO, Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 14, 1972.


Attorney(s) appearing for the Case

V. G. Seavy, Jr., Denver, Colo. (James G. Johnston, Denver, Colo., on the brief), for appellant.

W. Allen Spurgeon, Asst. U. S. Atty. (James L. Treece, U. S. Atty., and Milton C. Branch, Asst. U. S. Atty., on the brief), for appellee.

Before CLARK, Associate Justice, and SETH and McWILLIAMS, Circuit Judges.


SETH, Circuit Judge.

This is a direct appeal from a conviction of interstate gambling in violation of 18 U.S.C. § 1084(a).

The evidence shows that the appellant was actively engaged in bookmaking in Colorado. Mr. Huber, the Government's only witness to testify as to the interstate character of the offense, is a Wisconsin businessman who had met appellant in Denver. The appellant provided Mr. Huber with his phone number and explained that if Huber wished...

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