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UNITED STATES v. KELLEY

No. 38, Docket 30971.

395 F.2d 727 (1968)

UNITED STATES of America, Appellee, v. Jeremiah J. KELLEY, Appellant.

United States Court of Appeals Second Circuit.

Decided May 27, 1968.

Attorney(s) appearing for the Case

Peter R. Taft, Washington, D. C. (Vincent J. Fuller, Washington, D. C., on the brief), for appellant.

Douglas S. Liebhafsky, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., Michael S. Fawer and Michael W. Mitchell, Asst. U. S. Attys., on the brief), for appellee.

Before MOORE, WOODBURY and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a judgment of conviction entered after a jury trial before Judge Irving Ben Cooper, Southern District of New York. Kelley was convicted and sentenced consecutively with respect to all four of the counts charged. Count 1: being engaged in the business of wagering and causing a telephone to be used in interstate commerce for the transmission of information assisting in the placing of bets or wagers. 18 U.S. C. ...

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