THOMPSON
v.
UNITED STATES

U.S. | 1973-10-15
No. 72-1498
Mr. Justice Stewart would grant certiorari and set case for oral argument.
414 U.S. 918 Supreme Court of the United States (1973) Positive Treatment
Cited by 18 cases
Dissent
Mr. Justice Douglas,

Mr. Justice Douglas,

dissenting.

The petitioner here was convicted in District Court of conspiring to transport forged securities in interstate commerce, 18 U. S. C. § 2314, and of aiding and abetting the substantive crime. The trial judge's instruction to the jury did not clearly require that it find that defendant had knowledge of the interstate character of the transaction. Regardless of whether the substantive count requires such knowledge, it seems clear that the conspiracy offense would. See the opinion of Judge Learned Hand in United States v. Crimmins, 123 F. 2d 271, 273 (CA2 1941). Moreover, here as in Barnes v. United States, 412 U. S. 837 (1973), we deal with an offense traditionally treated as a local law question; it becomes federal only through the nexus with interstate commerce. See my dissenting opinion in Barnes v. United States, supra, p. 848. Proof of that nexus is therefore required for conviction. I would grant certiorari.

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    …and the United States has not sought review here. See, e. g., United States v. Iannelli, 477 F. 2d 999, 1002 (CA3 1973), cert. granted on another issue, 417 U. S. 907 (1974); United States v. Thompson, 476 F. 2d 1196, 1198-1200 (CA7), cert. denied, 414 U. S. 918 (1973); United States v. Polesti, 489 F. 2d 822, 824 (CA7 1973), cert. pending, No. 73-5489; United States v. Roselli, 432 F. 2d 879, 891-892 (CA9 1970), cert. denied, 401 U. S. 924 (1971); United States v. Fernandez, 497 F. 2d 730, 738-739 (CA9 197…
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