Opinion · Court of Appeals for the Fifth Circuit

United States v. Eddie C. Allen, Rose Lee White, and Andrew Preston Perkins

593 F.2d 709

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1979-03-21
Topic
bankruptcy

PER CURIAM: Appellant Andrew Preston Perkins has petitioned for rehearing calling to our attention an error in the summary of the government’s evidence as recounted in the opinion in this case issued February 5,1979, 588 F.2d 1100. On page 1103 reads as follows: Willie Bannister, who appeared in surveillance only on January 27 and February 23, 1977, testified that he sold Bond, Total, and Races for about six months. His testimony was indefinite as to the date when he quit selling. Puzie testified that he began selling when he was recruited by Perkins and that since then Allen picked up bets at Puzie’s apartment on Mondays, Thursdays, and Saturdays, and Perkins met with him once a week to settle up. A search of Bannister’s Confectionary yielded no paraphernalia.

Citator

UpLaw has not yet analyzed United States v. Eddie C. Allen, Rose Lee White, and Andrew Preston Perkins. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
2 opinions
UNITED STATES v. ALLEN,593 F.2d 709(5th Cir. 1979)
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. EDDIE C. ALLEN, ROSE LEE
WHITE, AND ANDREW PRESTON PERKINS, DEFENDANTS-APPELLANTS.
No. 77-5786.
United States Court of Appeals, Fifth Circuit.
March 21, 1979.
L. Haldane Taylor, Jacksonville, Fla. (Court-appointed), for Allen.

James W. Stirling, Jacksonville, Fla. (Court-appointed), for White.

Andrew Preston Perkins, pro se.

Raymond E. Makowski, F. Joseph DuBray, Jacksonville, Fla., for Perkins.

John J. Daley, Jr., U.S. Atty., Ernst D. Mueller, Asst. U.S. Atty., Jacksonville, Fla., for plaintiff-appellee.
Appeals from the United States District Court for the Middle District of Florida; Howell W. Melton, Judge.
[1] ON PETITION FOR REHEARING
Before BROWN, Chief Judge, TUTTLE and HILL, Circuit Judges.
PER CURIAM:
[2] Appellant Andrew Preston Perkins has petitioned for rehearing calling to our attention an error in the summary of the government's evidence as recounted in the opinion in this case issued February 5, 1979,588 F.2d 1100. On page 1103 reads as follows:
Willie Bannister, who appeared in surveillance only on January 27 and February 23, 1977, testified that he sold Bond, Total, and Races for about six months. His testimony was indefinite as to the date when he quit selling. Puzie testified that he began selling when he was recruited by Perkins and that since then Allen picked up bets at Puzie's apartment on Mondays, Thursdays, and Saturdays, and Perkins met with him once a week to settle up. A search of Bannister's Confectionary yielded no paraphernalia. Bannister said that he had spotted the surveillance and gotten rid of any paraphernalia.


[3] In the third sentence of this paragraph, "Puzie" should read "Bannister."

[4] This change does not alter the evidence which the court considered in stating at p. 1104 that "[t]he direct testimony of Willie Bannister that Perkins recruited him into the numbers operation and met with him weekly to settle accounts, together with Perkins' repeated appearance in the pattern of surveillance, was substantial evidence upon which the jury could conclude that Perkins was the operator of the lottery."

[5] The language is changed accordingly and the petition for rehearing is DENIED.