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UNITED STATES v. PEPE

No. 74-1661.

512 F.2d 1129 (1975)

UNITED STATES of America, Appellee, v. Michael J. PEPE et al. Appeal of Anthony P. DiGIACOMO.

United States Court of Appeals, Third Circuit.

Decided February 12, 1975.

Attorney(s) appearing for the Case

Ralph F. Keil, U. S. Atty., Bruce L. Thall, Asst. U. S. Atty., Wilmington, Del., for appellee.

Stuart B. Young, Richard A. Zappa, Young, Conaway, Stargatt & Taylor, Wilmington, Del., for appellant, Anthony P. DiGiacomo.

Before ALDISERT, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

Appellant, Anthony P. DiGiacomo (DiGiacomo), and five others were charged in a two-count indictment with violating 18 U.S.C. § 19551 and with conspiring to violate § 1955 under 18 U.S.C. § 371.2 After Count I (charging the substantive violation of the federal anti-gambling statute under § 1955) was dismissed by the Government,

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