U.S. v. Washington, No. 88-1908
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
| Writing for the Court | Before KENNEDY, GUY, and NORRIS; KENNEDY |
| Citation | 879 F.2d 1400 |
| Parties | 1989-2 Trade Cases 68,680 UNITED STATES of America, Plaintiff-Appellee, v. Mertis WASHINGTON, Defendant-Appellant. |
| Docket Number | No. 88-1908 |
| Decision Date | 26 July 1989 |
Page 1400
v.
Mertis WASHINGTON, Defendant-Appellant.
Sixth Circuit.
Decided July 26, 1989.
Robert Haviland, Asst. U.S. Atty. (argued), Flint, Mich., for U.S.
Charles A. Grossman (argued), Pool & Grossman, Flint, Mich., for Mertis Washington.
Before KENNEDY, GUY, and NORRIS, Circuit Judges.
KENNEDY, Circuit Judge.
Defendant, Mertis Washington, appeals from his conviction for operating an illegal gambling business under 18 U.S.C. Sec. 1955(a). Defendant argues that the Michigan gambling statutes prohibiting private lotteries which provide the basis for his federal conviction under section 1955(a) are arbitrary and unreasonable and thus violate the Fourteenth Amendment of the United States Constitution. Defendant also charges that Michigan's prohibition of competition in the lottery business violates the Sherman Antitrust Act. 15 U.S.C. Sec. 1 et seq. We find no merit to defendant's
Page 1401
arguments and therefore affirm the judgment of the District Court.18 U.S.C. Sec. 1955 prohibits the operation of any gambling business in violation of "the law of a State or political subdivision in which it is conducted" if the business involves five or more persons and has either been in "substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day." Defendant was indicted under section 1955 for operating a private lottery contrary to the Michigan gambling laws. See Mich.Comp.Laws Ann. Secs. 750.301 & 750.372 (West 1968). Although the operation of private lotteries in Michigan is a crime, the state of Michigan itself operates a substantial state-wide lottery business. See id. at Sec. 432.1 et seq.
Defendant moved to dismiss the indictment based upon the alleged unconstitutionality of the Michigan laws prohibiting private lotteries. After reserving the right to appeal his conviction upon denial of the motion to dismiss, defendant entered a conditional guilty plea. The District Court denied defendant's motion and sentenced defendant to four and one-half years incarceration and imposed a fine of $50,000.
Defendant argues that his due process rights were violated because his federal conviction rests upon Michigan's "arbitrary and unreasonable" statutes criminalizing private lotteries. He asserts that Michigan's operation of a state-supported lottery renders Michigan's criminal laws against private lotteries "arbitrary anachronisms without purpose," and thus any conviction based upon them denies him substantive due process. We disagree.
Due process requires that "the legislative means must bear 'a reasonable relation to a proper legislative purpose' and be 'neither arbitrary nor discriminatory.' " United States v. Stuebben, 799 F.2d 225, 229 (5th Cir.1986) (quoting Nebbia v. New York, 291 U.S. 502, 537, ...
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Great Lakes Quarterhorse Ass'n v. Governor Of The State Of Mich., No. 09-1370.
...state has an interest in regulating gambling to protect the “health, safety, and welfare of its citizens”); United States v. Washington, 879 F.2d 1400, 1401 (6th Cir.1989) (“The enactment of gambling laws is clearly a proper exercise of the state's police power in an effort to promote the p......
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...distinctions in regulating gaming, up to and including favoring certain forms of gambling over others."); United States v. Washington, 879 F.2d 1400, 1401 (6th Cir. 1989) ("Michigan's statutes banning private lotteries satisfy the requirements of due process.").Page 14 Plaintiff's attempt t......
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U.S. v. Turner, No. 90-1277
...laws is "clearly a proper exercise of the state's police power in an effort to promote the public welfare." United States v. Washington, 879 F.2d 1400, 1401 (6th Cir.1989) (holding Michigan statutes banning private lotteries do not violate due process). The Washington court reasoned that th......
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Sims v. US, No. 3:89-0461.
...must bear `a reasonable relation to a proper legislative purpose' and be `neither arbitrary nor discriminatory.'" U.S. v. Washington, 879 F.2d 1400, 1401 (6th Cir.1989) (quoting 756 F. Supp. 1052 Nebbia v. New York, 291 U.S. 502, 537, 54 S.Ct. 505, 516, 78 L.Ed. 940 (1934)). Because of the ......
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Great Lakes Quarterhorse Ass'n v. Governor Of The State Of Mich., No. 09-1370.
...state has an interest in regulating gambling to protect the “health, safety, and welfare of its citizens”); United States v. Washington, 879 F.2d 1400, 1401 (6th Cir.1989) (“The enactment of gambling laws is clearly a proper exercise of the state's police power in an effort to promote the p......
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Curtis v. Nessel, Case No. 1:19-cv-00112
...distinctions in regulating gaming, up to and including favoring certain forms of gambling over others."); United States v. Washington, 879 F.2d 1400, 1401 (6th Cir. 1989) ("Michigan's statutes banning private lotteries satisfy the requirements of due process.").Page 14 Plaintiff's attempt t......
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U.S. v. Turner, No. 90-1277
...laws is "clearly a proper exercise of the state's police power in an effort to promote the public welfare." United States v. Washington, 879 F.2d 1400, 1401 (6th Cir.1989) (holding Michigan statutes banning private lotteries do not violate due process). The Washington court reasoned that th......
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Sims v. US, No. 3:89-0461.
...must bear `a reasonable relation to a proper legislative purpose' and be `neither arbitrary nor discriminatory.'" U.S. v. Washington, 879 F.2d 1400, 1401 (6th Cir.1989) (quoting 756 F. Supp. 1052 Nebbia v. New York, 291 U.S. 502, 537, 54 S.Ct. 505, 516, 78 L.Ed. 940 (1934)). Because of the ......