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UNITED STATES v. SMITH

Nos. 82-5119 to 82-5122.

704 F.2d 723 (1983)

UNITED STATES of America, Appellee, v. Andrew Michael SMITH, Appellant. (Two cases) UNITED STATES of America, Appellee, v. Stanley Seymour PALMER, Appellant. UNITED STATES of America, Appellee, v. James Edward CHRISTY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1983.

Attorney(s) appearing for the Case

V. Edward Jennings, Jr., Winston-Salem, N.C. (E. Raymond Alexander, Jr., Alexander, Moore & Baynes, Greensboro, N.C., on brief), for appellant Smith.

Kenneth Kyre, Jr., Greensboro, N.C. (Nichols, Caffrey, Hill, Evans & Murrelle, Greensboro, N.C., on brief), for appellant Christy.

William L. Cofer, Winston-Salem, N.C. (Cofer & Mitchell, Winston-Salem, N.C., on brief), for appellant Palmer.

David B. Smith, Asst. U.S. Atty., Greensboro, N.C. (Kenneth W. McAllister, U.S. Atty., Douglas Cannon, Asst. U.S. Atty., Greensboro, N.C., Caren W. Allen, Paralegal Specialist on brief), for appellee.

Before RUSSELL and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Andrew Smith, Stanley Palmer, and James Christy were convicted by a jury of conducting an illegal gambling business in violation of 18 U.S.C. § 1955. Smith and Palmer also were convicted of using an interstate facility (a telephone) in the promotion of a business enterprise involving gambling in violation of 18 U.S.C. § 1952(a)(3). In addition, Smith's probation was revoked on the...

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