Erlenbaugh v. United States, 409 U.S. 239 (1972)

Erlenbaugh v. United States

No. 71-839

Argued November 13, 1972
Decided December 12, 1972
409 U.S. 239

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

Causing a publication to be carried by a facility of interstate commerce with an intent to facilitate the operation of an illegal gambling business is a violation of 18 U.S.C. § 1952. The exception for "any newspaper or similar publication" contained in 18 U.S.C. § 1953, which prohibits the interstate shipment of certain gambling paraphernalia, was not intended to be read into § 1952. Pp. 242-248.

452 F.2d 967, affirmed.

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.