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UNITED STATES v. LEWIS

No. 71-1422.

475 F.2d 571 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Jack L. LEWIS and Edward E. Lane, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 27, 1973.

Attorney(s) appearing for the Case

Virgil M. Wheeler, Jr., Albert B. Koorie, New Orleans, La., for defendants-appellants.

Gerald J. Gallinghouse, U. S. Atty., Mary Williams Cazalas, Asst. U. S. Atty., New Orleans, La., for plaintiff-appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 27, 1973.

RONEY, Circuit Judge:

Jack L. Lewis and Edward E. Lane were engaged in the business of accepting wagers. They were each convicted on two counts of criminal violations which resulted from their filing tax returns pursuant to the Federal wagering excise tax laws. Under Marchetti1 and Grosso2 they could not now be punished if they...

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