U.S. v. COOK

Nos. 76, 105, 106 and 107, Dockets 90-1070, 90-1072, 90-1168 and 90-1179.

922 F.2d 1026 (1991)

UNITED STATES of America, Appellee, v. Roderick Alex COOK, Eli Tarbell, Anthony Laughing and Gerald Laughing, James Joseph Burns, Defendants, Roderick Alex Cook, Eli Tarbell and Anthony Laughing, Defendants-Appellants. UNITED STATES of America, Appellee, v. Peter BURNS, Sr., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 7, 1991.


Attorney(s) appearing for the Case

John A. Piasecki, Malone, N.Y. (Vaughn N. Aldrich, Hogansburg, N.Y., of counsel), for defendant-appellant Cook.

John A. Cirando, Syracuse, N.Y. (D.J. Cirando and Patrick J. Haber, Syracuse, N.Y., of counsel, Mary B. Ruddy, law student, on the brief), for defendants-appellants Tarbell, Laughing and Burns.

Ezra Friedman, Dept. of Justice, Washington, D.C. (Frederick J. Scullin, Jr., U.S. Atty. N.D. New York, Syracuse, N.Y., of counsel), for appellee.

Raymond E. Kerno and Elliot I. Susser, Lake Success, N.Y. (Lysaght, Lysaght & Kramer, Lake Success, N.Y., of counsel), filed a brief for amicus curiae James Burns.

Before WINTER and MINER, Circuit Judges, and LASKER, Senior District Judge.


MINER, Circuit Judge:

Defendants-appellants Eli Tarbell, Anthony Laughing and Peter Burns, Sr. appeal from convictions entered on January 16, 1990, February 26, 1990 and February 27, 1990, respectively, in the United States District Court for the Northern District of New York. Tarbell pled guilty to the unlawful use and possession of gambling devices in Indian country. 15 U.S.C. § 1175 (1988). Laughing and Burns pled guilty to violations of section 1175 and to...

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