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UNITED STATES v. SCAGLIONE

No. 29279.

446 F.2d 182 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Nick SCAGLIONE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 9, 1971.

Attorney(s) appearing for the Case

Henry Gonzalez, Tampa, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Bernard H. Dempsey, Jr., Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

Scaglione appeals from his conviction by a jury on all five counts of an indictment charging that, on each of five dates, he knowingly and intentionally caused to be sent in interstate commerce gambling paraphernalia consisting of flash paper intended to be used as a device in a numbers, policy, bolita, and other similar games, in violation of 18 U.S.C. § 1953. Flash paper, having been chemically treated so as to be instantly combustible...

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