United States v. Butler

PALMIERI, District Judge.

This is a prosecution under section 1403 of Title 18, enacted by Congress in 1956.

The one count indictment charged defendant with “unlawfully, wilfully and knowingly [using] a communication facility, to wit, a telephone, in attempting to commit an act constituting an offense, the penalty for which is provided in Title 21, United States Code, section 174.” The case was tried to the Court upon defendant’s waiver of a jury. Rule 23 (a), Fed.R.Crim.P. 18 U.S.C.

Section 1403 makes it unlawful to use “any communication facility in committing or in causing or facilitating the…