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UNITED STATES v. MARTINEZ

No. 73-1740.

498 F.2d 464 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. John MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 18, 1974.

Attorney(s) appearing for the Case

Louis Martinez, Canton, Ohio, for defendant-appellant.

Leonard A. Sands, U. S. Dept. of Justice, for plaintiff-appellee; Frederick M. Coleman, U. S. Atty., David Margolis, Sp. Atty., U. S. Dept. of Justice, Cleveland, Ohio, on brief.

Before PHILLIPS, Chief Judge, and EDWARDS and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

John Martinez was found guilty on two counts of an indictment charging him with violation of 18 U.S.C. §§ 1084 and 1952, illegal use of interstate telephone facilities to carry on unlawful gambling activities. No issue is made as to the sufficiency of the evidence or of rulings on evidentiary matters during the trial. Therefore, no purpose would be served by a recitation of the facts disclosed by the trial transcript. It is maintained...

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