Legal Opinion
United States v. Aquino
District Court, E.D. Michigan
Decided January 12, 1972No. Crim. 45878PublishedCited by 22 opinions
1Opinion of the Court
OPINION AND ORDER DENYING MOTION TO DISMISS
KENNEDY, District Judge.
Defendants have moved to dismiss the indictment on the grounds that the statute defining the offense with which they are charged, Title 18, United States Code, Section 1955, is un-eonstitutional. Three principal arguments have been presented in support of that conclusion: (1) Congress has over-reached its authority granted under the Commerce Clause of the Constitution, Article I, Section 8, Clause 3, by declaring gambling activity of a purely local character to be a Federal offense; (2) the statute deprives defendants of the…
2Cases cited10 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- United States v. DarbySupreme Court of the United States · 1941
- Perez v. United StatesSupreme Court of the United States · 1971
- Knickerbocker Ice Co. v. StewartSupreme Court of the United States · 1920
- Currin v. WallaceSupreme Court of the United States · 1939
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States v. SmaldoneCourt of Appeals for the Tenth Circuit · 1973
- United States v. GiordanoCourt of Appeals for the Fourth Circuit · 1972
- United States v. Michael A. Riehl, Appeal of Arthur J. Rinaldi. Appeal of James L. ChickCourt of Appeals for the Third Circuit · 1972
- United States v. Thomas Anthony Ceraso, in No. 72-1279 Appeal of Beverly Ceraso, in 72-1280. Appeal of John E. Troutman, in 72-1284Court of Appeals for the Third Circuit · 1972
- United States v. MainelloDistrict Court, E.D. New York · 1972
17 more not listed; retrieve them via the Exa API.