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U.S. v. BARRY

No. 88-4174.

888 F.2d 1092 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Julius BARRY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 2, 1989.

Attorney(s) appearing for the Case

Stephen H. Jigger, Robert J. Becker, U.S. Dept. of Justice, Cleveland, Ohio, Joseph Douglas Wilson (argued), Dept. of Justice, Criminal Div., Appellate Section, Washington, D.C., for plaintiff-appellant.

Fritz Byers (argued), Toledo, Ohio, for defendant-appellee.

Before KRUPANSKY and RYAN, Circuit Judges; and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

This appeal requires us to construe the language of the Travel Act, 18 U.S.C. § 1952, which states "[w]hoever ... uses any facility in interstate or foreign commerce, including the mail, with intent to" commit or further unlawful activities, shall be fined or imprisoned, or both. The specific question is whether the statute makes purely intrastate use of the mail in furtherance of an unlawful activity a federal crime. The district...

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