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UNITED STATES v. PEPE

No. 74-1662.

512 F.2d 1135 (1975)

UNITED STATES of America v. Michael J. PEPE et al. Appeal of Edward D. CARUCCI.

United States Court of Appeals, Third Circuit.

Decided February 24, 1975.

Attorney(s) appearing for the Case

Ralph F. Keil, U. S. Atty., by Bruce L. Thall, First Asst. U. S. Atty., for appellee.

Henry N. Herndon, Jr., Morris, James, Hitchens & Williams, Wilmington, Del., for appellant, Edward D. Carucci.

Before FORMAN, ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

FORMAN, Circuit Judge.

Edward D. Carucci and five co-defendants, Anthony P. DiGiacomo, Michael J. Pepe, Thomas Alfred Capodanno, Michael Niland and Eugene Papaleo, were tried in the United States District Court for the District of Delaware under a two-count indictment charging them in the first count with violating the federal gambling statute, 18 U.S.C. § 1955,1 and in the second count with conspiring...

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