United States v. Robertson, 514 U.S. 669 (1995)

United States v. Robertson

No. 94-261

Argued February 27, 1996
Decided May 1, 1996
514 U.S. 669

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Respondent Robertson’s investment in his Alaska gold mine of the proceeds from his unlawful narcotics activities prompted a federal indictment for violating the Racketeer Influenced and Corrupt Organizations Act (RICO), which makes it a crime for any person to use or invest any income derived from a pattern of racketeering activity in the

acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate . . . commerce,

18 U.S.C. § 1962(a). Robertson was convicted on this charge, but the Court of Appeals reversed, concluding that the Government had failed to introduce sufficient evidence that the gold mine (the RICO "enterprise") was "engaged in or affect[ed] interstate commerce."

Held: Robertson’s gold mine comes within § 1962(a)’s jurisdictional reach. At trial, the Government proved, inter alia, that Robertson purchased equipment and supplies in California and transported them to Alaska for use in the mine, brought workers from outside Alaska to work in the mine, and transported 16% of the mine’s output out of Alaska. These activities assuredly brought the mine within § 1962(a)’s criterion of "an enterprise . . . engaged in . . . interstate . . . commerce." See, e.g., United States v. American Building Maintenance Industries, 422 U.S. 271, 283. Because the proof thus focused on interstate activities, rather than intrastate activities having interstate effects, this Court need not decide whether the activities substantially affected interstate commerce under, e.g., Wickard v. Filburn, 317 U.S. 111, 127-128.

16 F.3d 862 reversed.