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UNITED STATES v. BENNETT

Nos. 76-1448, 76-1453, 76-1556 and 76-1557.

563 F.2d 879 (1977)

UNITED STATES of America, Appellee, v. Benjamin Franklin BENNETT, Appellant. UNITED STATES of America, Appellee, v. James Edwin ALLEN, Appellant. UNITED STATES of America, Appellee, v. Carl J. WILLIAMS, Appellant. UNITED STATES of America, Appellee, v. Ellery JOHNSON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 17, 1977.

As Amended November 8, 1977.

Certiorari Denied October 31, 1977.

Attorney(s) appearing for the Case

Paul Johnson, Little Rock, Ark., for appellant, Bennett and on appellants' joint brief.

L. Gene Worsham, Little Rock, Ark., for appellants, Williams and Johnson and on appellants' joint brief.

J. H. Cottrell, Jr., Little Rock, Ark., for appellant, Allen and on appellants' joint brief.

Kenneth Stoll, Asst. U. S. Atty. (argued), and Wilbur H. Dillahunty, U. S. Atty., Little Rock, Ark., on brief for appellee.

Before HEANEY and ROSS, Circuit Judges, and VAN PELT, Senior District Judge.

VAN PELT, Senior District Judge.

Appellants Bennett, Allen, Williams and Johnson appeal their jury convictions for violating 18 U.S.C. § 1955 which pertains to illegal gambling businesses. Appellants and three others (Deward Wharton, Michael Childers, and Nellie Jean Phinney) were indicted in a five count indictment1 in the Eastern District of Arkansas. The five counts related to casino gambling (a dice table) conducted on five separate...

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