U.S. v. BOYD

Nos. 97-6237, 97-6238, 97-6240, 97-6245

149 F.3d 1062 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Traci Poe BOYD, Kevin Kwan Chan, Tracy Coy "Podie" Poe, and James B. Poe, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 23, 1998.


Attorney(s) appearing for the Case

Fred L. Staggs, Oklahoma City, Oklahoma, for Defendant-Appellant Traci Poe Boyd.

Todd Markum, Oklahoma City, Oklahoma, for Defendant-Appellant Kevin Kwan Chan.

Robert A. Jackson (Oscar B. Goodman, Goodman, Chesnoff and Keach, Las Vegas, Nevada, with him on the brief), Jackson, Hall and Associates, Oklahoma City, Oklahoma, for Defendant-Appellant Tracy Coy "Podie" Poe.

Richard E. Stout, Teague, Stout & Stout, Edmond, Oklahoma, for Defendant-Appellant James B. Poe.

Mary M. Smith, (Patrick M. Ryan, United States Attorney; and Randal A. Sengel, Assistant U.S. Attorney, with her on the briefs), Assistant U.S. Attorney, Oklahoma City, Oklahoma, for Plaintiff-Appellee.

Before PORFILIO, PAUL J. KELLY, Jr., and BRISCOE, Circuit Judges.


PORFILIO, Circuit Judge.

A jury convicted Traci Poe Boyd, Kevin Kwan Chan, Tracy Coy "Podie" Poe, and James B. Poe of operating an illegal gambling business in violation of 18 U.S.C. § 1955. All four defendants appeal, arguing the evidence presented at trial was legally insufficient to support their convictions under § 1955. Podie Poe argues § 1955 is unconstitutional under United States v. Lopez, ...

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