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UNITED STATES v. SCOTT

No. 76-1438.

555 F.2d 522 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene R. SCOTT, Jean Brown, Robert Lee Hodges, Carl Goss, Julian Lionel Scott, Luther Johnson, Virgil Ogletree, Donald Moore, James Harding and Lillian Harding, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied August 19, 1977.

Attorney(s) appearing for the Case

Murray M. Silver, Atlanta, Ga. (Court-appointed) for E. Scott, J. Brown, R. Hodges, C. Goss, J. Scott, L. Johnson.

James R. Willis, Cleveland, Ohio, for V. Ogletree and D. Moore.

Edwin Marger, Nancy L. Finkel, Atlanta, Ga., for L. Harding and J. Harding.

John W. Stokes, U. S. Atty., Atlanta, Ga., Michael E. Moore, Atty. Appellate Section, T. George Gilinsky, Crim. Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before MORGAN and FAY, Circuit Judges, and HUNTER, District Judge.

EDWIN F. HUNTER, District Judge:

Appellants were convicted and sentenced on one count of violating the five-man gambling statute, 18 U.S.C. § 1955, and all but appellant Lillian Harding were convicted on one count of conspiracy to do so in violation of 18 U.S.C. § 371.1

The core of the Government's conspiracy theory involved a numbers lottery. In simplest terms this lottery consisted of persons picking a number and wagering...

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