UNITED STATES v. PACHECO

No. 72-3355.

489 F.2d 554 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Louis B. PACHECO and John N. Fountain, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 7, 1974.


Attorney(s) appearing for the Case

Arnold Levine, Tampa, Fla., for defendants-appellants.

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

Before GEWIN, AINSWORTH and MORGAN, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 7, 1974.

AINSWORTH, Circuit Judge:

Appellants Louis B. Pacheco and John N. Fountain, Jr., were indicted, along with fifty-eight other persons, in a two-count indictment charging them with operation of an illegal gambling business, in violation of 18 U.S.C. §§ 19551 and 2,2 and with conspiracy to operate an illegal

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