# Martin v. United States, 389 F.2d 895 (5th Cir. 1968)

Canonical: https://mobfiles.org/items/courtlistener-martin-v-us-389-f2d-895/

Fifth Circuit decision of 25 January 1968 upholding the Wire Act, 18 U.S.C. § 1084, as applied to wagers telephoned from Houston to Las Vegas.

Robert Lynn Martin and Maurice Daniel Dodson appealed convictions on a stipulated record. Judge Wisdom wrote: "The narrow question for review is the constitutionality of the Federal Anti-Wagering Law, 18 U.S.C. § 1084," as applied in the case. The appellants "were convicted for transmitting wagers and wagering information by telephone in interstate commerce — between Houston, Texas and Las Vegas, Nevada"; all the calls in the count were made from Houston to Las Vegas.

"This is not the first constitutional attack on section 1084. Without exception, however, the attack has failed." The court found the section constitutional "as applied to the transmission of wagers from Texas to Nevada" and affirmed. The opinion was modified on denial of rehearing on March 5, 1968.

The [Wire Act, 75 Stat. 491](/items/statutes-at-large-75-stat-491-wire-act/), is filed in the Laws section.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/278896/robert-lynn-martin-and-maurice-daniel-dodson-v-united-states/