REWIS V. UNITED STATES, 401 U. S. 808 (1971)

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U.S. Supreme Court

Rewis v. United States, 401 U.S. 808 (1971)

Rewis v. United States,

No. 5342

Argued January 19, 1971

Decided April 5, 1971

401 U.S. 808


Petitioners conducted a lottery operation in Florida, near the Georgia border. They were convicted along with two Georgia residents who placed bets at petitioners' establishment, of violating 18 U.S.C. § 1952, the Travel Act, which prohibits interstate travel with the intent to "promote, manage, establish, carry on, or facilitate" certain illegal activity. The District Court instructed the jury that, if the Georgia bettors traveled to Florida for the purpose of gambling, they violated the Act, and that a defendant could be found guilty under the aiding and abetting statute, 18 U.S.C. § 2, without proof that he had personally performed every act constituting the charged offense. The Court of Appeals reversed the convictions of the Georgia bettors, holding that § 1952 did not make it a federal crime merely to cross a state line to place a bet, but upheld petitioners' convictions on the ground that gambling establishment operators are responsible for the interstate travel of their customers.

Held: Conducting a gambling operation frequented by out-of-state bettors does not, without more, constitute a violation of the Travel Act. Pp. 401 U. S. 811-814.

418 F.2d 1218, reversed.

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. chanrobles.com-red

Page 401 U. S. 809