Paul John Carbo, Frank Palermo, Joseph Sica, Louis Tom Dragna, and Truman K. Gibson, Jr. v. United States

Appellants stand convicted of extortion affecting commerce and conspiracy to extort in violation of 18 U.S.C. § 1951 ,. commonly known as the Hobbs Act, of the interstate transmission of threats- and conspiracy to transmit in violation of 18 U.S.C. § 875 (b), and of conspiracy to commit an offense against the United' States under 18 U.S.C. § 371 . They were variously charged in ten counts of an indictment by the Grand Jury of the-Southern District of California, Central' Division. On May 30, 1961, following trial, they were found guilty by jury verdict and on December 2, 1961, were duly sentenced. They have appealed from their several judgments of conviction.

The case involves in general the business of professional boxing and fight promotion and, more specifically, the efforts of appellants to secure managerial control of Don Jordan, a welterweight fighter, by bringing pressure to bear on his-manager, Donald Nesseth. These efforts were prompted, according to the theory of the United States as expressed in its brief, by the fact that “ * '* * ‘control’ of champions and top contenders was the only significant profit factor in the operation of the boxing business. The evidence…