United States v. James Robert Hawthorne

James Robert Hawthorne was convicted, following a court trial, of conducting an illegal gambling business in violation of 18 U.S.C. § 1955 . On appeal he contends that (1) the indictment should have been dismissed because two attorneys appointed to assist the United States Attorney were not authorized to conduct the grand jury proceedings resulting in the indictment; and (2) the evidence was insufficient to support the court’s finding that appellant’s gambling business was being conducted by “five or more persons” as required by § 1955. We affirm.

Authority of Special Assistants to the United States Attorney

At the request of the United States Attorney for the Southern District of Califor nia, the Attorney General appointed James L. Duchnick and Richard D. Huffman as special assistants to the United States Attorney. In that capacity each participated in the grand jury proceedings which resulted in appellant’s indictment.

Appellant moved for dismissal of the indictment on the ground that the two attorneys were not properly authorized to appear before the grand jury because the letters from the Attorney General appointing the attorneys did not specifically direct them to conduct…