Legal Opinion
United States v. Louis Gresko, United States of America v. Emilio R. "Hambone" Julian, United States of America v. John C. Berardinelli
Court of Appeals for the Fourth Circuit
Decided October 2, 1980No. 79-5186 to 79-5188PublishedCited by 32 opinions
1Opinion of the Court
Harry PHILLIPS, Senior Circuit Judge.
The appellants were convicted of operating illegal gambling businesses in violation of 18 U.S.C. § 1955 and of conspiring to obstruct local law enforcement with intent to facilitate an illegal gambling business in violation of 18 U.S.C. § 1511. On this appeal, they argue that the Government failed to establish that their businesses involved five or more persons for a period of 30 days or more, a jurisdictional prerequisite to both statutes. We reverse all the convictions and remand two of the cases for new trials.
I
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2Cases cited14 opinions
- Glasser v. United StatesSupreme Court of the United States · 1942
- Burks v. United StatesSupreme Court of the United States · 1978
- United States v. Maneer LeonCourt of Appeals for the Sixth Circuit · 1976
- United States v. John Edward Jones, A/K/A Liddy Jones, A/K/A Malik Shariff, United States of America v. Robert Avon Jones, A/K/A BobbyCourt of Appeals for the Fourth Circuit · 1976
- United States v. James M. McCoyCourt of Appeals for the Fifth Circuit · 1976
9 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- United States v. Frank Peter Balistrieri, Steve Disalvo, and Dennis Librizzi, DefendantsCourt of Appeals for the Seventh Circuit · 1985
- United States v. Portsmouth Paving Corporation and R. Curtis Saunders, Jr.Court of Appeals for the Fourth Circuit · 1983
- United States v. Joseph Silvano, Jr., United States of America v. William P. McNeillCourt of Appeals for the First Circuit · 1987
- United States v. Robert William Gilley, United States of America v. Benjamin Louis RodriguezCourt of Appeals for the Ninth Circuit · 1988
- United States v. TalbertCourt of Appeals for the Fourth Circuit · 1983
27 more not listed; retrieve them via the Exa API.