U.S. v. LANZOTTI

Nos. 95-2780, 95-2798, 95-2821, 95-2822 and 95-2824.

90 F.3d 1217 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. David LANZOTTI, Connie L. Hughes, Kenneth W. Smith, Mary Freeman, and Allstar Music, Inc., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 17, 1996.


Attorney(s) appearing for the Case

Frances C. Hulin, Patrick J. Chesley (argued), Office of the United States Attorney, Springfield, IL, for the U.S. in No. 95-2780.

L. Lee Smith (argued), Westervelt, Johnson, Nicoll & Keller, Peoria, IL, Michael B. Metnick, Kathryn Saltmarsh, Metnick, Wise, Cherry & Frazier, Springfield, IL, for David Lanzotti in No. 95-2780.

Patrick J. Chesley (argued), Office of the United States Attorney, Springfield, IL, for the U.S. in Nos. 95-2798, 95-2821, 95-2822 and 95-2824.

L. Lee Smith (argued), Westervelt, Johnson, Nicoll & Keller, Peoria, IL, Michael B. Metnick Metnick, Wise, Cherry & Frazier, Springfield, IL, Robert Weiner, Springfield, IL, for Connie L. Hughes in No. 95-2798.

L. Lee Smith (argued), Westervelt, Johnson, Nicoll & Keller, Peoria, IL, James E. Shadid, Peoria, IL, for Kenneth W. Smith in No. 95-2821.

L. Lee Smith (argued), Westervelt, Johnson, Nicoll & Keller, Peoria, IL, Ronald Hamm, Hamm & Hanna, Peoria, IL, for Mary Freeman in No. 95-2822.

L. Lee Smith (argued), Thomas A. McConnaughay, Westervelt, Johnson, Nicoll & Keller, Peoria, IL, for Allstar Music, Incorporated in No. 95-2824.

Before BAUER, FLAUM, and RIPPLE, Circuit Judges.


FLAUM, Circuit Judge.

Defendants were tried before a jury for participating in an illegal gambling business in violation of 18 U.S.C. § 1955. The jury found all of the defendants guilty, and the defendants moved for a new trial, arguing that the government had failed to prove a violation of state gambling law, as required by § 1955. The government responded by contending that the evidence adduced at trial demonstrated...

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