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UNITED STATES v. BECKER

No. 636, Docket 72-1105.

461 F.2d 230 (1972)

UNITED STATES of America, Appellee, v. Richard BECKER and Jack Eisen, Appellants.

United States Court of Appeals, Second Circuit.

Decided May 30, 1972.

Attorney(s) appearing for the Case

Herald Price Fahringer, Buffalo, N. Y. (Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N. Y., of counsel), for appellants.

Patrick F. Broderick, Sp. Atty., U.S. Dept. of Justice (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., John W. Nields, Jr., Asst. U. S. Atty., David J. Ritchie, Patrick Philbin, Sp. Attys., U. S. Dept. of Justice, of counsel), for appellee.

Before KAUFMAN, MANSFIELD and TIMBERS, Circuit Judges.

MANSFIELD, Circuit Judge:

On June 30, 1971, seven persons were charged in a two-count indictment with conducting an illegal gambling business in violation of 18 U.S.C. § 1955, which had been enacted as part of the Organized Crime Control Act of 1970, and conspiracy to do so, 18 U.S.C. § 371. Five defendants pleaded guilty to the conspiracy count.1 The remaining two, Richard Becker and...

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