United States v. Figueredo

350 F.Supp. 1031 (M.D Florida 1972), reversed 490 F.2d 799 (5th Cir. 1974)

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Nature of the Case

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Facts

Federal law provided that it was illegal to operate a gambling business if it was in violation of state law, involved five or more persons, and had substantially been operating continually for 30 days or had a gross revenue of $2,000 on any single day. D and seven others moved to dismiss the indictment on the conspiracy count, claiming that there could be no crime unless five persons agreed. The court issued a memorandum opinion with respect to D's arguments.