463 U.S. 1230 (1983)

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U.S. Supreme Court

MERRELL v. U.S. , 463 U.S. 1230 (1983)

463 U.S. 1230

Buster Franklin MERRELL
No. 82-6645

Supreme Court of the United States

July 6, 1983

On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit.

The petition for writ of certiorari is denied.

Page 463 U.S. 1230 , 1231

Justice WHITE, with whom Justice BRENNAN and Justice MARSHALL join, dissenting.

Between The surveillance, which entailed videotaping and recording activities and conversations, revealed an illegal dice game. As a result, 13 people were charged with violation of 18 U.S.C. 1955 * and conspiracy under 18 U.S.C. 371. Eight co-defendants, the lessor of the premises, the game operator, three dealers and three watchmen, pleaded guilty after 3 days of trial. The remaining 5 co-defendants waived a jury for the rest of the trial. Four of them were acquitted of all charges because they were "mere bettors." The evidence presented by the Government concerning petitioner established that he regularly served coffee to bettors during the gambling sessions; after the sessions he stacked tables and chairs, swept the floor, cleaned ash trays, and repositioned the tables and chairs . Petitioner was convicted of the substantive offense of conducting an illegal gambling business, but acquitted of conspiracy.

On appeal, petitioner claimed that his activities did not justify his conviction. The Court of Appeals held that the [463 U.S. 1230 , 1232]

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