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UNITED STATES v. SANABRIA

No. 76-1016.

548 F.2d 1 (1976)

UNITED STATES of America, Appellant, v. Thomas SANABRIA, Appellee.

United States Court of Appeals, First Circuit.

Decided December 29, 1976.

Attorney(s) appearing for the Case

Frederick Eisenbud, Atty., Dept. of Justice, Washington, D.C., with whom James N. Gabriel, U.S. Atty.; Stephen H. Jigger, Sp. Atty., Dept. of Justice, and Sidney M. Glaser, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellant.

Francis J. DiMento, Boston, Mass., with whom DiMento & Sullivan and Donald G. Tye, Boston, Mass., were on brief, for appellee.

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

COFFIN, Chief Judge.

This case presents several substantial questions concerning the conditions under which the United States may appeal from an adverse decision in a criminal case.

In November, 1972, defendant-appellee Thomas Sanabria and fifteen others were indicted for conducting an illegal gambling business, encompassing both a numbers and a horse betting operation, in violation of 18 U.S.C. § 1955.1 The one count indictment...

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