UNITED STATES v. RYAN

Cr. A. No. 16972.

213 F.Supp. 763 (1963)

UNITED STATES of America, Plaintiff, v. Donald Dennis RYAN, Robert Robbins, also known as Robin R. Roberts, and Eugene Louis Smaldone, Defendants.

United States District Court D. Colorado.

February 11, 1963.


Attorney(s) appearing for the Case

Lawrence M. Henry, U. S. Atty. for the District of Colorado, James A. Clark, Asst. U. S. Atty., Denver, Colo., for plaintiff.

Winner, Berge & Martin, Fred M. Winner, and Roland E. Camfield, Jr., Denver, Colo., for defendant Ryan.

Albert A. Norbont, Denver, Colo., for defendant Robbins.

Cristiano & Bugdanowitz, Vincent Cristiano, and Robert Bugdanowitz, Denver, Colo., for defendant Smaldone.


CHILSON, District Judge.

The defendants attack the constitutionality of Title 18 United States Code, § 1952, upon which the indictment in this case is based. The Court has considered the briefs filed in support of and in opposition to said motions, has heard oral argument and is now duly advised.

§ 1952 reads in its essential parts as follows:

"(a) Whoever travels in interstate or foreign commerce or uses any facility in interstate or foreign...

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