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U.S. v. McDONOUGH

No. 87-1477 Summary Calendar.

835 F.2d 1103 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. James V. McDONOUGH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 7, 1988.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas, Tex., for defendant-appellant.

Marvin Collins, U.S. Atty., Wm. Kim Wade, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before RUBIN, POLITZ, and HIGGINBOTHAM, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A federal statute makes criminal the transmission of wagers in interstate commerce.1 This court held in Martin v. United States2 that such transmission is proscribed whether or not wagering is forbidden by the law of the state where the bet is received. That decision determines the law of the circuit, so we affirm a conviction for receiving bets on baseball and football...

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