UNITED STATES v. AVARELLO

No. 78-5044.

592 F.2d 1339 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Anthony AVARELLO, Jerry Henry Wood, Carmel Cosmo Bowers, James Eugene Avery and Bobby Joe Chapman, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied May 29, 1979.


Attorney(s) appearing for the Case

Wm. H. White, H. Wayne Gillies, Houston, Tex., for Avarello.

William M. Ravkind, Dallas, Tex., for Wood.

Jerry W. Melton, Dallas, Tex., for Bowers.

Jack Paul Leon, San Antonio, Tex., for Avery.

Warren Burnett, Richard J. Clarkson, Odessa, Tex., for Chapman.

Kenneth J. Mighell, U. S. Atty., Fort Worth, Tex., Shirley Baccus-Lobel, Alvin H. Badger, Asst. U. S. Attys., Dallas, Tex., for plaintiff-appellee.

Before INGRAHAM, GEE and FAY, Circuit Judges.


GEE, Circuit Judge:

Pursuant to a court order, the FBI began intercepting telephone conversations of appellant Jerry Wood, a Dallas bookmaker. The interception, which continued from November 27, 1975, to December 9, 1975, and which produced recordings of more 1,100 calls, resulted in indictments against Wood, Virginia Avanell Smith, Bobby Joe Chapman, Thomas Anthony Avarello, James Eugene Avery, and Carmel Cosmo Bowers1 for conducting...

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