Legal Opinion

United States v. Julius Barry

Court of Appeals for the Sixth Circuit

Decided February 6, 1990No. 88-4174PublishedCited by 22 opinions

1Opinion of the Court

LIVELY, Senior Circuit Judge.

This appeal requires us to construe the language of the Travel Act, 18 U.S.C. § 1952, which states “[wjhoever ... uses any facility in interstate or foreign commerce, including the mail, with intent to” commit or further unlawful activities, shall be fined or imprisoned, or both. The specific question is whether the statute makes purely intrastate use of the mail in furtherance of an unlawful activity a federal crime. The district court held that § 1952 does not criminalize purely intrastate use of the mail and dismissed the Travel Act count of an indictment. The…

2Cases cited4 opinions

  1. Rewis v. United StatesSupreme Court of the United States · 1971
  2. United States v. Eugene Riccardelli and Thomas DimiceliCourt of Appeals for the Second Circuit · 1986
  3. Fed. Sec. L. Rep. P 94,824 Aquionics Acceptance Corporation v. Richard KollarCourt of Appeals for the Sixth Circuit · 1974
  4. Fed. Sec. L. Rep. P 95,244 James J. Spilker v. Shayne Laboratories, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1975

3Cited by22 opinions

  1. James R. Kincade v. Emmit L. Sparkman, Warden Commonwealth of Kentucky, Anthony L. Hereford v. United StatesCourt of Appeals for the Sixth Circuit · 1997
  2. United States v. MarekCourt of Appeals for the Fifth Circuit · 2001
  3. Fred E. TETRO, Jr., Plaintiff-Appellant, v. ELLIOTT POPHAM PONTIAC, OLDSMOBILE, BUICK, AND GMC TRUCKS, INC., Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1999
  4. United States v. NaderCourt of Appeals for the Ninth Circuit · 2008
  5. United States v. Jeffrey Eugene WeathersCourt of Appeals for the Sixth Circuit · 1999

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