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CHIERICO v. UNITED STATES

No. 21774.

346 F.2d 187 (1965)

Joseph CHIERICO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 6, 1965.

Attorney(s) appearing for the Case

David U. Tumin, Oakley Smith and Rothstein & Tumin, Miami, Fla., for appellant.

Charles L. Marinaccio, Atty., Dept. of Justice, Washington, D. C., William S. Kenney, Sp. Atty., Dept. of Justice, for appellee.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and DYER, District Judge.

PER CURIAM.

Joseph Chierico appeals from the judgment of the District Court based upon a jury verdict whereby he was found guilty of accepting wagers as defined in 26 U.S.C.A. § 4421(1) (A) without having previously registered and paid the special occupational tax as required under 26 U.S.C.A. §§ 4411, 4412, 4901(a) and 7262.

This appeal is based solely on the contention that there was not sufficient evidence from which a jury could be permitted...

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