UNITED STATES v. LEE

No. 75-2252.

542 F.2d 353 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Ray LEE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 1, 1976.

Rehearing Denied October 21, 1976.


Attorney(s) appearing for the Case

John F. Dugger, Herbert Bacon, Morristown, Tenn., for defendant-appellant.

John L. Bowers, Jr., U. S. Atty., Hugh J. Moore, Jr., W. Thomas Dillard, Chattanooga, Tenn., for plaintiff-appellee.

Before PECK, McCREE, and ENGEL, Circuit Judges.


McCREE, Circuit Judge.

Billy Ray Lee appeals from his conviction for violation of 18 U.S.C. §§ 2, 1955, which forbid participation in a gambling business which involves more than five persons, which has revenues in excess of $2,000 in a single day, and which violates the laws of a state (in this case, Tennessee) in which it is conducted. The dispositive issue is whether evidence seized during a search of defendant's premises pursuant to a search warrant...

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