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U.S. v. GOLDBERG

Criminal Action No. 95-10223-RCL.

928 F.Supp. 89 (1996)

UNITED STATES of America v. Richard D. GOLDBERG, Defendant.

United States District Court, D. Massachusetts.

May 31, 1996.

Attorney(s) appearing for the Case

Morris M. Goldings, Alice E. Moore, David R. Kerrigan, Mahoney, Hawkes & Goldings, Boston, MA, for Defendant.

Michael Kendall, United States Attorney's Office, Boston, MA, for the U.S.

OPINION

LINDSAY, District Judge.

The defendant, Richard D. Goldberg, has moved to dismiss an indictment of him for, inter alia, mail fraud (18 U.S.C. §§ 1341, 1346) and violation of the Travel Act (18 U.S.C. § 1952). He argues that his prosecution under these statutes violates "the principles of federalism and the Tenth Amendment." Specifically, he claims that the mail fraud statute is unconstitutional because it allows for federal...

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