Rewis v. United States

United States Supreme Court

401 U.S. 808

Rewis et al.  v.  United States

Certiorari to the United States Court of Appeals for the Fifth Circuit

No. 5342.  Argued: January 19, 1971 --- Decided: April 5, 1971

Petitioners conducted a lottery operation in Florida, near the Georgia border. They were convicted along with two Georgia residents who placed bets at petitioners' establishment, of violating 18 U.S.C. § 1952, the Travel Act, which prohibits interstate travel with the intent to "promote, manage, establish, carry on, or facilitate" certain illegal activity. The District Court instructed the jury that if the Georgia bettors traveled to Florida for the purpose of gambling, they violated the Act, and that a defendant could be found guilty under the aiding and abetting statute, 18 U.S.C. § 2, without proof that he had personally performed every act constituting the charged offense. The Court of Appeals reversed the convictions of the Georgia bettors, holding that § 1952 did not make it a federal crime merely to cross a state line to place a bet, but upheld petitioners' convictions on the ground that gambling establishment operators are responsible for the interstate travel of their customers.

Held: Conducting a gambling operation frequented by out-of-state bettors does not, without more, constitute a violation of the Travel Act. Pp. 811-814.

418 F. 2d 1218, reversed.

MARSHALL, J., delivered the opinion of the Court, in which all members joined except WHITE, J., who took no part in the decision of the case.

Albert J. Datz argued the cause and filed briefs for petitioners.

Sidney M. Glazer argued the cause for the United States. With him on the brief were Solicitor General Griswold, Assistant Attorney General Wilson, Beatrice Rosenberg, and Michael G. Kelly.

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