United States v. Thirteen (13) Gambling Devices

Second Circuit

United States v. Thirteen (13) Gambling Devices

559 F.2d 201, 1977 U.S. App. LEXIS 12842

CourtCourt of Appeals for the Second Circuit

DecidedJune 20, 1977

Docket848, Docket 76-6170

StatusPublished

Cited by1 cases

This text of 559 F.2d 201 (United States v. Thirteen (13) Gambling Devices) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Thirteen (13) Gambling Devices, 559 F.2d 201, 1977 U.S. App. LEXIS 12842 (2d Cir. 1977).

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Opinion

PER CURIAM:

In this in rem proceeding involving thirteen gambling machines, claimant Alexander Horner appeals from a judgment in the United States District Court for the Southern District of New York, after a bench trial before John M. Cannella, J., ordering forfeiture of the machines under 15 U.S.C. § 1177. In his memorandum opinion, the judge held that the machines were gambling devices under 15 U.S.C. § 1171, that they were not exempt under 15 U.S.C. § 1172 or 15 U.S.C. § 1178, and that the evidence established that Horner “was well aware of the nature, function and use of the machines . . . . The statute does not require more knowledge than this.”

After a thorough review of the record and the applicable law, we conclude that these determinations were correct. See United States v. Twelve Miami Digger Slot Machines, 213 F.2d 918 (5th Cir. 1954); cf. Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S. 663, 94 S.Ct. 2080, 40 L.Ed.2d 452 (1974); North Beach Amusement Co. v. United States, 240 F.2d 729, 732 (4th Cir. 1957). In support of his claim that the Government had to prove specific intent to violate the law, Horner relies on United States v. United States Coin and Currency, 401 U.S. 715, 91 S.Ct. 1041, 28 L.Ed.2d 434 (1971), and on McKeehan v. United States, 438 F.2d 739 (6th Cir. 1971). But the former decision cannot be read as requiring wrongful intent as a condition of forfeiture, in view of Calero-Toledo, supra. And McKeehan, whatever its weight after Calero-Toledo, should be confined to its unusual facts, as the opinion makes clear.

Judgment affirmed.

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PER CURIAM:

In this in rem proceeding involving thirteen gambling machines, claimant Alexander Horner appeals from a judgment in the United States District Court for the Southern District of New York, after a bench trial before John M. Cannella, J., ordering forfeiture of the machines under 15 U.S.C. § 1177. In his memorandum opinion, the judge held that the machines were gambling devices under 15 U.S.C. § 1171, that they were not exempt under 15 U.S.C. § 1172 or 15 U.S.C. § 1178, and that the evidence established that Horner “was well aware of the nature, function and use of the machines . . . . The statute does not require more knowledge than this.”

After a thorough review of the record and the applicable law, we conclude that these determinations were correct. See United States v. Twelve Miami Digger Slot Machines, 213 F.2d 918 (5th Cir. 1954); cf. Calero-Toledo v. Pearson Yacht Leasing Co., 416 U.S. 663, 94 S.Ct. 2080, 40 L.Ed.2d 452 (1974); North Beach Amusement Co. v. United States, 240 F.2d 729, 732 (4th Cir. 1957). In support of his claim that the Government had to prove specific intent to violate the law, Horner relies on United States v. United States Coin and Currency, 401 U.S. 715, 91 S.Ct. 1041, 28 L.Ed.2d 434 (1971), and on McKeehan v. United States, 438 F.2d 739 (6th Cir. 1971). But the former decision cannot be read as requiring wrongful intent as a condition of forfeiture, in view of Calero-Toledo, supra. And McKeehan, whatever its weight after Calero-Toledo, should be confined to its unusual facts, as the opinion makes clear.

Judgment affirmed.

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559 F.2d 201, 1977 U.S. App. LEXIS 12842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-thirteen-13-gambling-devices-ca2-1977.

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