United States v. Robertson, 514 U.S. 669, 3 (1995) (per curiam)

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Cite as: 514 U. S. 669 (1995)

Per Curiam

Robertson personally transported approximately $30,000 worth of gold out of the State.

Most of the parties' arguments, here and in the Ninth Circuit, were addressed to the question whether the activities of the gold mine "affected" interstate commerce. We have concluded we do not have to consider that point. The "affecting commerce" test was developed in our jurisprudence to define the extent of Congress' power over purely intra-state commercial activities that nonetheless have substantial interstate effects. See, e. g., Wickard v. Filburn, 317 U. S. 111 (1942). The proof at Robertson's trial, however, focused largely on the interstate activities of Robertson's mine. For example, the Government proved that Robertson purchased at least $100,000 worth of equipment and supplies for use in the mine. Contrary to the Court of Appeals' suggestion, all of those items were not purchased locally ("drawn generally from the stream of interstate commerce," 15 F. 3d, at 869 (internal quotation marks omitted)); the Government proved that some of them were purchased in California and transported to Alaska for use in the mine's operations. Cf. United States v. American Building Maintenance Industries, 422 U. S. 271, 285 (1975) (allegation that company had made local purchases of equipment and supplies that were merely manufactured out of state was insufficient to show that company was "engaged in commerce" within the meaning of § 7 of the Clayton Act). The Government also proved that, on more than one occasion, Robertson sought workers from out of state and brought them to Alaska to work in the mine. Cf. id., at 274. Furthermore, Robertson, the mine's sole proprietor, took $30,000 worth of gold, or 15% of the mine's total output, with him out of the State.

Whether or not these activities met (and whether or not, to bring the gold mine within the "affecting commerce" provision of RICO, they would have to meet) the requirement of substantially affecting interstate commerce, they assuredly

671

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