UNITED STATES v. DiMURO

Nos. 75-1225 to 75-1228.

540 F.2d 503 (1976)

UNITED STATES of America, Appellee, v. Jerome DiMURO et al., Defendants-Appellants. UNITED STATES of America, Appellee, v. Roland LUNG, Defendant-Appellant. UNITED STATES of America, Appellee, v. Victor SANTARPIO, Defendant-Appellant. UNITED STATES of America, Appellee, v. Joseph DOHERTY and Thomas Hurley, Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided June 29, 1976.


Attorney(s) appearing for the Case

Avram G. Hammer, George F. Gormley, Boston, Mass., by appointment of the court, Charlotte Anne Perretta, Boston, Mass., by appointment of the court, David Rossman, Boston, Mass., by appointment of the court and Owen F. Brock, Boston, Mass., with whom Gorfinkle & Hammer, Judith E. Diamond, Harrington & Gormley, and Keating, Perretta & Pierce, Boston, Mass., were on brief, for defendants-appellants.

Kenneth A. Holland, Atty., Dept. of Justice, Washington, D. C., with whom James N. Gabriel, U. S. Atty., Jeffrey M. Johnson, Special Atty., Boston Strike Force, Boston, Mass., and Shirley Baccus-Lobel, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellee.

Before COFFIN, Chief Judge, ALDRICH and McENTEE, Circuit Judges.


McENTEE, Circuit Judge.

After trial to a jury appellants were convicted on a one count indictment charging them with conducting an illegal gambling business in violation of 18 U.S.C. § 1955.1 On this appeal they raise a number of claims variously challenging the applicability of § 1955 to their acts and the sufficiency of the evidence, as well as claims directed to the propriety of certain...

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