Otto Kuhn v. United States of America, William Clyde Deming v. United States

PHILLIPS, Circuit Judge.

Kuhn and Deming appeal from, their convictions under 18 U.S.C. §§ 371 and 1952 on five counts of use of interstate telephone facilities for carrying on a business enterprise of gambling in viola*112tion of state law and one count of conspiracy so to carry on that business. They were found guilty on all counts.

All claims of error raised by appellant Deming have been dealt with in Deming v. United States, 415 F.2d 99. They will not be discussed further.

Appellant Kuhn raises the same issue under Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889 and Grosso…