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UNITED STATES v. JENKINS

No. 80-5176.

649 F.2d 273 (1981)

UNITED STATES of America, Appellee, v. William Keith JENKINS, a/k/a W. Keith Jenkins, a/k/a Duke Jenkins, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 21, 1981.

Attorney(s) appearing for the Case

Elwood H. Richardson, Jr., Hampton, Va. (John D. Gray, Hampton, Va., on brief), for appellant.

Raymond A. Jackson, Asst. U. S. Atty., Norfolk, Va., (Justin W. Williams, U. S. Atty., Alexandria, Va., Janet Nesse, Third Year Law Student on brief), for appellee.

Before RUSSELL, HALL and SPROUSE, Circuit Judges.

K. K. HALL, Circuit Judge:

William Keith Jenkins was convicted of conducting an illegal gambling business in violation of 18 U.S.C. § 1955. Jenkins raises several issues on appeal but primarily contends that the government's proof failed to meet the requirement of 18 U.S.C. § 1955(b)(1)(ii) that the illegal gambling business involve five or more persons. We find that the government's proof was sufficient to meet the statutory requirements and affirm the...

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