UNITED STATES SUPREME COURT DECISIONS ON-LINE

ERLENBAUGH V. UNITED STATES, 409 U. S. 239 (1972)

409 U. S. 239

U.S. Supreme Court

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

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. 409 U. S. 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.


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