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UNITED STATES v. DOOLITTLE

No. 72-3263.

507 F.2d 1368 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Cecil DOOLITTLE, William Augustus Sanders, Jr., Ernest Massod Union, Julian Wells Whited, Frank Joseph Masterana, Cliff Anderson, Darnice T. Malloway, and William E. Baxter, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted April 7, 1975.

Attorney(s) appearing for the Case

Floyd M. Buford, Macon, Ga., for Union and Whited.

Oscar B. Goodman, Las Vegas, Nev., for Doolittle, Sanders and Masterana.

Louis Weiner, Jr., Las Vegas, Nev., Manley F. Brown, Macon, Ga., for Anderson.

Wesley R. Asinof, Atlanta, Ga., for Malloway and Baxter.

William J. Schloth, U. S. Atty., Charles T. Erion, Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.

Rehearing En Banc Granted April 7, 1975.

RONEY, Circuit Judge:

All defendants were convicted in a non-jury trial for conspiracy to violate 18 U.S.C.A. §§ 1084 and 1952, which prohibit the use of interstate wire and telephone facilities to carry on illegal gambling operations. All defendants were similarly convicted of substantive violations of § 1952, and defendants Masterana and Doolittle were also convicted of substantive violations of §...

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