UNITED STATES v. SCIBELLI

Nos. 76-1214 to 76-1221.

549 F.2d 222 (1977)

UNITED STATES of America, Appellee, v. Francesco SCIBELLI, Defendant, Appellant. UNITED STATES of America, Appellee, v. Andrew TORINO, Defendant, Appellant. UNITED STATES of America, Appellee, v. Daniel SACCO, Defendant, Appellant. UNITED STATES of America, Appellee, v. Adolfo BRUNO, Defendant, Appellant. UNITED STATES of America, Appellee, v. Lawrence STONE, Defendant, Appellant. UNITED STATES of America, Appellee, v. Joseph ALBANO, Defendant, Appellant. UNITED STATES of America, Appellee, v. Anthony MALONI, Defendant, Appellant. UNITED STATES of America, Appellee, v. Rocco ALBANO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 31, 1977.


Attorney(s) appearing for the Case

Joseph J. Balliro, Boston, Mass., for Francesco Scibelli, appellant.

Jay M. Forgotson, Springfield, Mass., for Andrew Torino, appellant.

James M. Pool, Boston, Mass., by appointment of the Court, for Daniel Sacco, appellant.

John E. Barrett, West Springfield, Mass., with whom Jerry E. Benezra, Boston, Mass., was on brief, for Adolfo Bruno, appellant.

Edward L. Donnellan, Springfield, Mass., with whom Keyes, Donnellan & Danaher, Springfield, Mass., was on brief, for Lawrence Stone, appellant.

Robert H. Abrams, Springfield, Mass., by appointment of the Court, for Joseph Albano, appellant.

Michael O. Jennings, Springfield, Mass., by appointment of the Court, for Rocco Albano, appellant in case no. 76-1221, and for Anthony Maloni, appellant in case no. 76-1220.

George F. Kelly, Atty., U.S. Dept. of Justice, Washington, D.C., with whom James N. Gabriel, U.S. Atty., and Gerald E. McDowell, Atty., U.S. Dept. of Justice, Washington, D.C., were on brief, for appellee.

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


LEVIN H. CAMPBELL, Circuit Judge.

The two-count indictment in this case charged appellants, eight in number, and two others, with operating an illegal gambling business and with conspiracy to commit the substantive offense in violation of 18 U.S.C. §§ 19551 and 2.2 The indictment arose out of a six-month investigation by the FBI and the Massachusetts State Police in 1974 into gambling operations in...

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