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HANNA v. UNITED STATES

No. 24343.

393 F.2d 700 (1968)

Kenneth Herbert HANNA and Nathan Modell, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

On Rehearing April 17, 1968.

Attorney(s) appearing for the Case

James J. Hogan, Miami Beach, Fla., for appellants.

Wallace H. Johnson, Asst. U. S. Atty., Miami, Fla., William George Earle, Atty., Dept. of Justice, Washington, D. C., Fred M. Vinson, Jr., Asst. Atty. Gen., for appellee.

Before RIVES and GODBOLD, Circuit Judges, and HUGHES, District Judge.

RIVES, Circuit Judge:

This appeal is from judgments of conviction on counts one, four and five of a five-count indictment. Count one was directed against the defendant Hanna, and charged him with violating 18 U.S.C. § 1343 (wire fraud). Counts four and five were directed against both defendants, Hanna and Modell, and charged them with violating 18 U.S.C. § 1084 (wagering by wire) and § 1952 (using the telephone in interstate commerce to promote an unlawful...

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