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UNITED STATES v. GRESKO

Nos. 79-5186 to 79-5188.

632 F.2d 1128 (1980)

UNITED STATES of America, Appellee, v. Louis GRESKO, Appellant. UNITED STATES of America, Appellee, v. Emilio R. "Hambone" JULIAN, Appellant. UNITED STATES of America, Appellee, v. John C. BERARDINELLI, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1980.

Attorney(s) appearing for the Case

Stanley W. Greenfield, Pittsburgh, Pa. (John W. Murtagh, Jr., Pittsburgh, Pa., on brief), for appellants, Julian and Berardinelli.

Barbara Fleisher, Charleston, W. Va. (Stanley E. Preiser, Frederick D. Fahrenz, Preiser & Wilson, Legal Corporation, Charleston, W. Va., on brief), for appellant, Gresko.

William A. Kolibash, Asst. U. S. Atty., Wheeling, W. Va. (Stephen G. Jory, U. S. Atty., Elkins, W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, HARRY PHILLIPS, Senior United States Circuit Judge, Sixth Circuit, sitting by designation and J. DICKSON PHILLIPS, Circuit Judge.

Harry PHILLIPS, Senior Circuit Judge.

The appellants were convicted of operating illegal gambling businesses in violation of 18 U.S.C. § 1955 and of conspiring to obstruct local law enforcement with intent to facilitate an illegal gambling business in violation of 18 U.S.C. § 1511. On this appeal, they argue that the Government failed to establish that their businesses involved five or more persons for a period of 30 days or more, a jurisdictional prerequisite...

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