Frank Zizzo v. United States

CAMPBELL, Senior Judge.

This cause is again before this court on order of the Supreme Court vacating our judgment previously entered and remanding the case for reconsideration in light of the Supreme Court’s views expressed in Mackey v. United States, 401 U.S. 667, 91 S.Ct. 1160, 28 L.Ed.2d 404, on April 5, 1971. Counsel have filed new briefs with us explaining their differing interpretations of those differing views.

Frank Zizzo was convicted in 1963 of traveling in interstate commerce with intent to carry on a business enterprise involving gambling illegal under the laws of Indiana. 18 U.S.C.…