Robert Lynn Martin and Maurice Daniel Dodson v. United States

WISDOM, Circuit Judge.

The narrow question for review is the constitutionality of the Federal Anti-Wagering Law, 18 U.S.C. § 1084, 1 as applied in the circumstances of this case.

The appellants were convicted for transmitting wagers and wagering information by telephone in interstate commerce — between Houston, Texas and Las Vegas, Nevada. They waived trial by jury and stipulated with government counsel that the factual allegations of count 3 of the indictment were true. 2 It was also stipulated that all of the telephone calls upon which count was predicated were made from Houston to Las Vegas.…