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UNITED STATES v. RUSSO

Crim. No. 528-62.

358 F.Supp. 436 (1973)

UNITED STATES of America v. Ernest RUSSO, Defendant.

United States District Court, D. New Jersey.

May 15, 1973.

Attorney(s) appearing for the Case

Valore, McAllister & Westmoreland, by Alvin D. Miller, Atlantic City, N. J., for petitioner.

Herbert J. Stern, U. S. Atty., by Frederick W. Klepp and William Braniff, Asst. U. S. Attys., for defendant.

OPINION

COHEN, Chief Judge:

Defendant, Ernest Russo, seeks a vacation of the sentence imposed upon him April 19, 1963 on an indictment returned November 7, 1962 charging six offenses of the federal statutory scheme for taxing illegal wagers, in violation of 26 U. S.C. §§ 7203 and 7262. These six counts were predicated on Russo's failure to pay a special gambling occupational tax required under 26 U.S.C. §§ 4401, 4411 and upon his failure...

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