U.S. v. HILL

No. 94-5183.

55 F.3d 1197 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. David "Tex" HILL, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 6, 1995.


Attorney(s) appearing for the Case

David G. Dake, Asst. U.S. Atty. (argued and briefed), Knoxville, TN, for U.S.

Herbert S. Moncier (briefed), David S. Wigler (argued), Knoxville, TN, for David "Tex" Hill.

Brandt W. Davis (argued and briefed), Knoxville, TN, for Donald R. Arden and Johnny H. Sparks.

Ralph E. Harwell, Harwell, Baumgartner & Willis, Knoxville, TN, for Luther G. Hill.

Gerald C. Russell, Maryville, TN, for Roy E. Sellars.

Kim A. Tollison, Federal Defender Services, Knoxville, TN, for Donna S. Suttles, Cheryl A. Freeman.

Charles B. Dungan, Jr., Maryville, TN, for William Samuel Orr.

Steven Oberman, Daniel & Oberman, Knoxville, TN, for Leon Kitts.

John E. Eldridge, Ray, Farmer, Eldridge & Hickman, Knoxville, TN, for Claude Richard Wall, Lloyd Eugene Cooper.

Joseph E. Costner, Maryville, TN, for Phillip C. Jones.

Steven G. Shope (briefed), Knoxville, TN, for Troy Max Campbell.

Jimmy Kyle Davis, Donald R. Coffey, Knoxville, TN, for Dick Chambers, Alice Faye Sauls.

Hubert D. Patty, Maryville, TN, for Thomas Randall Perkins.

Before: MERRITT, Chief Judge; KEITH and BOGGS, Circuit Judges.


MERRITT, Chief Judge.

The question before us is whether, and to what extent, the aiding and abetting clause of 18 U.S.C. § 21 applies to the "illegal gambling business" statute, 18 U.S.C. § 1955, a complex crime that in addition to illegality under state law as a predicate offense has requirements of size (five or more people), duration (30 days or more), and business activity ("whoever conducts, finances, manages, supervises...

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