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MENGARELLI v. UNITED STATES

No. 24585.

426 F.2d 985 (1970)

Albert MENGARELLI, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 9, 1970.

Attorney(s) appearing for the Case

Richard H. Foster, of Lewis & Foster, San Francisco Cal., for appellant.

Michael DeFeo (argued), Special Asst. U. S. Atty., Bart M. Schouweiler, Las Vegas, Nev., for appellee.

Before HAMLEY and WRIGHT, Circuit Judges, and SMITH, District Judge.

RUSSELL E. SMITH, District Judge.

Appellant, who with his partner Richards, operated the Rendezvous Race Book in Las Vegas, Nevada, was convicted of a conspiracy1 to evade or defeat the federal excise taxes imposed upon wagers.2

Appellant contends that his Fifth Amendment rights were violated under the doctrines of Grosso v. United States, 390 U.S. 62, 88 S.Ct. 709, 19...

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