Section 1955, however, does not require a showing that the gambling activities of each person involved have affected interstate commerce. United States v. Manson, 494 F.2d 804 (7th Cir.), cert. denied, 419 U.S. 994, 95 S.Ct. 304, 42 L.Ed.2d 266 (1974). The defendant further argues that Section 1955 is unconstitutionally vague.
We have held that runners, ticket sellers, telephone clerks, salesmen, lay-off bettors and watchmen may be counted to reach the required number of participants. United States v. McHale, 495 F.2d 15, 18 (7th Cir. 1974); United States v. Manson, 494 F.2d 804, 807 (7th Cir.), cert. denied, 419 U.S. 994, 95 S.Ct. 304, 42 L.Ed.2d 266 (1974); United States v. Hunter, supra at 1021-22. Primus was a runner or ticket seller or salesman.
An examination of the indictment and the record in this case leads to the conclusion that the conspiracy charge in Count II "comprehends nothing more than the agreement which [the appellants] necessarily performed by the commission of the substantive offense itself." United States v. Hunter, 478 F.2d 1019, 1025 (7th Cir. 1973); United States v. Manson, 494 F.2d 804, 808 (7th Cir. 1974). Seven individuals were charged with conducting a gambling business composed of five or more, and seven individuals were charged with conspiracy to conduct a gambling business of five or more.
Cf. United States v. Manson, 494 F.2d 804 (7th Cir. 1974); United States v. Becker, 461 F.2d 230, 232-33 (2d Cir. 1973), cert. pending. In accordance with the foregoing opinion, we reversed the decision of the district court.
As such, he is a person who "conducts" an illegal gambling business within the meaning of 18 U.S.C. ยง 1955(a). See United States v. Brick, 502 F.2d 219, 225 n. 17 (8th Cir. 1974); United States v. Manson, 494 F.2d 804, 807 (7th Cir.), cert. denied, 419 U.S. 994, 95 S.Ct. 304, 42 L.Ed. 2d 266 (1974). Defendants also contend that, even though the reliability of informants no. 3 and no. 5 was established, the reliability of Atillio Marino and Anthony Pungitore, from whom informants no. 3 and no. 5 received their information, was not. Normally, an Aguilar-Spinelli inquiry is concerned with the reliability of unnamed confidential informants, and there is authority that if one unidentified informant relies in turn upon another unidentified informant, the reliability of both must be established.