UNITED STATES v. SALINAS

No. 76-3398.

564 F.2d 688 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Anthony J. SALINAS and Billy W. Davis, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 9, 1977.


Attorney(s) appearing for the Case

LeRoy Morgan Jahn, Asst. U. S. Atty., John E. Clark, U. S. Atty., John M. Pinckney, III, Trial Atty., San Antonio, Tex., Edward C. Weiner, Sp. Atty., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Jack Paul Leon, Mayo J. Galindo, San Antonio, Tex., for Billy W. Davis.

Gary Howard, Charles D. Butts, Fred A. Semaan, San Antonio, Tex., for Anthony J. Salinas.

Before WISDOM, GEWIN and AINSWORTH, Circuit Judges.


WISDOM, Circuit Judge:

This appeal presents an issue of statutory construction: whether 18 U.S.C. § 1961(6), defining an unlawful debt as one incurred in violation of state laws against gambling and the business of gambling, applies in a state that forbids gambling but has no specific statutory proscription of the business of gambling. We believe that § 1961(6) applies, and reverse the district court's judgment.

This case arises out of an appeal...

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