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UNITED STATES v. JONES

No. 82-3475.

712 F.2d 115 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Wood JONES, Frank J. DeLuna, Raymond Arnona and Robert Lee Wilson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied September 15, 1983.

Attorney(s) appearing for the Case

Frank G. DeSalvo, Bernard E. Fulghum, Jr., New Orleans, La., for DeLuna & Jones.

Thomas R. Dyson, Jr., Washington, D.C., for Arnona.

Anthony L. Glorioso, New Orleans, La., for Wilson.

John Voorhees, Asst. U.S. Atty., New Orleans, La., William C. Bryson, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before CLARK, Chief Judge, GOLDBERG and REAVLEY, Circuit Judges.

CLARK, Chief Judge:

Under 18 U.S.C. § 1955,1 a person convicted of operating an illegal gambling business may be imprisoned for up to five years and fined $20,000. This statute makes a gambling business "illegal" only if it "involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business...." § 1955(b)(1)(ii). This appeal poses a recurring...

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