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UNITED STATES v. ALLEN

No. 77-5786.

588 F.2d 1100 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie C. ALLEN, Rosa Lee White and Andrew Preston Perkins, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 21, 1979.

Attorney(s) appearing for the Case

L. Haldane Taylor, Jacksonville, Fla. (court-appointed), for Allen.

James W. Stirling, Jacksonville, Fla. (court-appointed), for White.

Raymond E. Makowski, F. Joseph DuBray, Jacksonville, Fla., for Perkins.

Andrew Preston Perkins, pro se.

John J. Daley, Jr., Ernst D. Mueller, Asst. U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, TUTTLE and HILL, Circuit Judges.

TUTTLE, Circuit Judge:

The defendants were convicted at a jury trial on a one count indictment for operating a numbers lottery in violation of 18 U.S.C. § 1955. This statute prohibits participation in a gambling business which violates state law. Not every gambling business illegal under state law is prohibited by this statute, however, because the statute reaches only those that include five or more persons and do...

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