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UNITED STATES v. STUEBBEN

No. 85-3713.

799 F.2d 225 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Michael J. STUEBBEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 10, 1986.

Attorney(s) appearing for the Case

John H. Craft, New Orleans, La., for defendant-appellant.

Rene C. McGinty, Asst. U.S. Atty., John P. Volz, C. Renee Clark, U.S. Atty., Joseph I. Giarusso, Asst. U.S. Attys., New Orleans, La., for plaintiff-appellee.

Before GEE and HILL, Circuit Judges, and HUNTER, District Judge.

GEE, Circuit Judge:

Appellant Stuebben was tried for transporting lottery paraphernalia in interstate commerce in violation of 18 U.S.C. § 1301 and 18 U.S.C. § 1953. Convicted on all counts, he now appeals, advancing two arguments, one statutory and the other constitutional. Disagreeing with his contention that his activity falls within an exception to § 1953's coverage, we hold that he may properly be convicted under that statute. We also reject the...

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