United States v. Robert William Gilley, United States of America v. Benjamin Louis Rodriguez

KOELSCH, Circuit Judge:

During the late spring of 1984, one Robert Lippert informed local agents of the Federal Bureau of Investigations at Oakland, California that he was being harassed by a “bookie” named Robert Gilley and had indeed suffered a physical beating and been threatened with death unless he paid Gilley his gambling debts.

The ensuing investigation resulted in criminal charges being filed against the Appellants Robert Gilley and Benjamin Rodriguez. The indictment, in six counts, is generally as follows 1

Count One: that Gilley and Rodriguez during and over a period from October of…