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UNITED STATES v. IPPOLITO

No. 29343.

438 F.2d 417 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Cacciatore IPPOLITO, a/k/a Cowboy, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 9, 1971.

Attorney(s) appearing for the Case

Thomas F. Granahan, Seymour L. Honig, Tampa, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Hugh N. Smith, Richard H. McInnis, Asst. U. S. Attys., Tampa, Fla., for plaintiff-appellee.

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

GODBOLD, Circuit Judge:

Appellant was convicted under an indictment laid under 18 U.S.C. § 1952, charging use of a facility in interstate commerce — wire facilities of Western Union — with intent to carry on a business enterprise involving gambling in violation of the laws of the United States (18 U.S.C. § 1084) and of Florida (Florida Statutes 849.11 and 849.14, F.S.A.).

The District Court did not err in denying a motion to suppress...

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