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UNITED STATES v. ELLIOTT

No. 76-3678.

571 F.2d 880 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. James Alford ELLIOTT, Jr., Robert Ervin Delph, Jr., William Marion Foster, Recea Howell Hawkins, John Clayburn Hawkins, Jr., a/k/a J. C. and John Frank Taylor, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 2, 1978.

Attorney(s) appearing for the Case

Denmark Groover, Jr., Frank H. Childs, Jr., Macon, Ga., for Elliott.

Deryl D. Dantzler, Macon, Ga., for Taylor and Delph.

Joseph H. Davis, David B. Higdon, Macon, Ga., for Foster.

Oscar B. Goodman, Las Vegas, Nev., for Recea Howell Hawkins and John Clayburn Hawkins, Jr.

John D. Carey, Joseph M. Lawless, Asst. U. S. Attys., Macon, Ga., D. L. Rampey, Jr., U. S. Atty., for plaintiff-appellee.

Before AINSWORTH, SIMPSON and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 2, 1978.

SIMPSON, Circuit Judge:

In this case we deal with the question of whether and, if so, how a free society can protect itself when groups of people, through division of labor, specialization, diversification, complexity of organization, and the accumulation of capital, turn crime into an ongoing business. Congress fired a telling shot at organized crime when it passed the Racketeer Influenced and Corrupt Organizations...

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