UNITED STATES v. CLEMENTS

No. 77-5492.

588 F.2d 1030 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Glen Albert CLEMENTS, Jr., Jerry Delbert Basden, John Joseph Bruzga, Coyle Allen Winborn, Thomas David Robinson and Homer Lee Miller, Jr., a/k/a Mike Miller, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied March 7, 1979.


Attorney(s) appearing for the Case

Jim B. Brown, Canyon, Tex., for Clements, Basden, Bruzga & Winborn.

Jerry W. Melton, Dallas, Tex., for Robinson.

Phil Burleson, Dallas, Tex., for Miller.

Kenneth J. Mighell, U. S. Atty., Fort Worth, Tex., Shirley Baccus-Lobel, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Before GEWIN, RONEY and GEE, Circuit Judges.


RONEY, Circuit Judge:

This is a gambling case in which the bulk of the Government's evidence was obtained through telephone wiretaps. Defendants challenge their convictions on four major grounds: first, they attack the court order permitting the telephone taps, arguing that the supporting affidavit was deficient for a number of reasons; second, they assert the Government has failed to prove a violation of the federal gambling statute, 18 U.S.C.A. §...

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