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UNITED STATES v. VILLANO

Nos. 74-1463, 74-1464.

529 F.2d 1046 (1976)

UNITED STATES of America, Plaintiff-Appellee. v. Paul Clyde VILLANO and Pauline Smaldone, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided January 8, 1976.

Rehearing and Rehearing Denied February 17, 1976.

Attorney(s) appearing for the Case

W. Allen Spurgeon, Asst. U. S. Atty., Denver, Colo. (James L. Treece, U. S. Atty., and John W. Madden, III, Sp. Asst. U. S. Atty., Denver, Colo., on the brief), for plaintiff-appellee.

Irl B. Baris of Newmark & Baris, St. Louis, Mo. (Joseph Saint-Veltri of Davies & Saint-Veltri, Denver, Colo., on the brief), for defendants-appellants.

Before SETH, HOLLOWAY and BARRETT, Circuit Judges.

Rehearing and Rehearing In Banc Denied February 17, 1976.

HOLLOWAY, Circuit Judge.

Defendants Paul Clyde Villano and Pauline Smaldone were convicted on jury verdicts under a three-count indictment, each count covering one of three time periods, for using, causing to be used, or aiding and abetting the use of a communication facility in interstate commerce, namely the interstate telephone, in violation of 18 U.S.C.A. §§ 1952 and 2. On appeal defendants...

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