United States V. Barry

This appeal requires us to construe the language of the Travel Act, 18 U.S.C. § 1952, which states "[whoever] . . . 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 court held that § 1952 does not criminalize purely intrastate use of the mail and dismissed the Travel Act count of an indictment. The government appeals, and we affirm.