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SCHNEIDER v. UNITED STATES

Nos. 71-1393, 71-1572.

459 F.2d 540 (1972)

Rudolph O. SCHNEIDER, Jr. and Steven Vitale, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 12, 1972.

Rehearing Denied May 18, 1972.

Attorney(s) appearing for the Case

Dewey S. Godfrey, Jr., St. Louis, Mo., Claude Hanks, Robert L. Officer, Clayton, Mo., for appellants.

Thomas M. Vockrodt, Harry L. Strachan, Sp. Attys., Dept. of Justice, St. Louis, Mo., Henry E. Petersen, Acting Asst. Atty. Gen., Sidney M. Glazer, Robert E. Lindsay, Attys., U. S. Dept. of Justice, Washington, D. C., for appellee.

Before GIBSON, HEANEY and ROSS, Circuit Judges.

HEANEY, Circuit Judge.

The defendants were convicted of operating an illegal gambling business in violation of 18 U.S.C. § 1955.1 That section was originally part of Title VIII of the Organized Crime Control Act of 1970, Pub.L.No. 91-452, 84 Stat. 922, et seq. On appeal, the defendants challenge the constitutionality of the statute as applied to them.

Convictions under § 1955 do not require a showing in each individual...

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