UNITED STATES v. ROBINSON

No. 77-5604.

588 F.2d 1041 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas David ROBINSON, Homer Lee Miller, Jr., a/k/a Mike Miller, and Malcolm B. Davis, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 2, 1979.


Attorney(s) appearing for the Case

Jerry W. Biesel, Dallas, Tex., for Faulkner.

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

Phil Burleson, Dallas, Tex., for Miller.

Warren Burnett, Richard Clarkson, Odessa, Tex., for Davis.

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

Before GEWIN, RONEY and GEE, Circuit Judges.


RONEY, Circuit Judge:

In United States v. Clements, 588 F.2d 1030 (5th Cir. 1979), we upheld the Government's contention that a gambling operation in Amarillo, Texas could be combined with a gambling operation in Dallas-Fort Worth which is the subject of the instant case in order to furnish the "five or more persons" necessary to create the gambling business proscribed by 18 U.S.C.A. § 1955. We hold here that two defendants...

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