Jurisdictional Element

29 Florida cases classified under this topic · sorted by citation count · browse and sort

• United States v. Roselli
  432 F.2d 879· 9th Cir.· 1970-09-28 ·cited 253×
  The court held that the scheme to cheat at card games for profit constituted an 'unlawful activity' under 18 U.S.C. § 1952, and that knowledge of interstate travel or facility use is not an essential element for conspiracy or substantive violations of §§ 1952 and 2314.
• United States v. Reed
  639 F.2d 896· 2d Cir.· 1981-01-27 ·cited 77×
  The court held that Reed's abduction did not violate due process, his trial in absentia was proper, the mail fraud counts were not multiplicitous, and evidence of similar transactions was admissible.
• United States v. Campa
  529 F.3d 980· 11th Cir.· 2008-06-04 ·cited 58×
  The court reversed Hernandez's conviction for conspiracy to commit murder, finding insufficient evidence that he agreed to a shoot down in international airspace. While the government proved an agreement to 'confront' BTTR planes, it failed to show an agreement to the specific un
• United States v. Gillies
  851 F.2d 492· 1st Cir.· 1988-07-07 ·cited 55×
  The court held that the statute prohibiting felons from possessing firearms applies to a gun that has previously traveled in interstate commerce, even if the interstate travel occurred before the current law was enacted. The court also found the indictment sufficient and the prio
• United States v. LeFAIVRE
  507 F.2d 1288· 4th Cir.· 1974-12-04 ·cited 54×
  The court held that the Travel Act applies to local gambling operations that use interstate commerce facilities, even incidentally, and that knowledge of such use is not required for substantive violations or conspiracy charges.
• United States v. Muncy
  526 F.2d 1261· 5th Cir.· 1976-02-17 ·cited 44×
  The court held that knowledge of interstate transportation is not an essential element of the offense of receiving stolen goods or conspiracy to commit that offense.
• United States v. Herbage
  850 F.2d 1463· 11th Cir.· 1988-08-01 ·cited 25×
  The court held that the defendant's convictions for mail fraud did not violate the principle of specialty because the British courts were aware of the mail fraud charges when granting extradition.
• United States v. Gregg
  612 F.2d 43· 2d Cir.· 1979-11-26 ·cited 18×
  The court held that the district court's jury instructions were correct, affirming the conviction. Knowledge of the principal's specific position within the carrier is not an element of aiding and abetting a violation of 18 U.S.C. § 660, and the jury was adequately instructed on
• United States v. Harney Elihu Hooper, Jr.
  575 F.2d 496· 5th Cir.· 1978-06-19 ·cited 16×
  The court held that the district court did not err in instructing the jury that the effect on interstate commerce was a jurisdictional matter for the court to determine, nor in limiting peremptory challenges, nor in providing written jury charges.
• United States v. Henry
  504 F.2d 1335· 10th Cir.· 1974-10-23 ·cited 16×
  The court held that the statute is constitutional, the search and seizure were lawful, and the indictment was not fatally defective. The judgment of conviction is affirmed.
• United States v. Grimon
  923 F.3d 1302· 11th Cir.· 2019-05-13 ·cited 15×
  The court held that the interstate commerce element of 18 U.S.C. § 1029(a)(3) is not a jurisdictional element, and therefore, a failure to sufficiently allege or prove it does not deprive the district court of subject matter jurisdiction.
• In re Est. of Esther Bush
  80 So. 2d 673· Fla.· 1955-04-29 ·cited 14×
  The Florida Supreme Court held that a county judge lacked jurisdiction to appoint an administrator when the petition for letters of administration failed to issue citation to known next of kin entitled to preference, despite the later filing of a waiver by that next of kin. The p
• United States v. Sigalow
  812 F.2d 783· 2d Cir.· 1987-02-23 ·cited 10×
  An aider and abettor of a Travel Act violation need not have assisted in or known about the acts that satisfy the jurisdictional element, as long as they knew the nature of the substantive offense they furthered.
• United States v. Eisenberg
  596 F.2d 522· 2d Cir.· 1979-03-09 ·cited 8×
  The court held that there was sufficient evidence to support the conviction for conspiracy and aiding and abetting the transportation of counterfeit checks, and that the admission of certain hearsay testimony and the jury instructions were proper.
• United States v. Carl M. Drury, Jr., M.D.
  344 F.3d 1089· 11th Cir.· 2003-09-02 ·cited 7×
  The convictions are affirmed. The court holds that the purely intrastate use of an instrumentality of interstate commerce is sufficient to confer jurisdiction under 18 U.S.C. § 1958. Furthermore, the determination of whether a facility is an instrumentality of interstate commerce
• United States v. Vasilios Anagnostou
  974 F.2d 939· 7th Cir.· 1992-09-10 ·cited 6×
  The court held that the nearly five-year delay between the explosion and indictment did not violate due process because the defendant failed to show actual prejudice and the government did not delay for tactical advantage. The court also affirmed the sufficiency of the evidence a
• United States v. Laykin
  886 F.2d 1534· 9th Cir.· 1989-09-26 ·cited 4×
  The court held that the equity skimming statute does not require the defendant to know that the properties are insured by the FHA or VA, and that the evidence was sufficient to support the convictions for equity skimming and conspiracy.
• United States v. Myers
  591 F. Supp. 2d 1312· S.D. Fla.· 2008-12-09 ·cited 3×
  The court held that the Sex Offender Registration and Notification Act (SORNA) sections 16913 and 2250 exceed Congress's Commerce Clause power and are therefore unconstitutional.
• United States v. Tia Deyon Pugh
  90 F.4th 1318· 11th Cir.· 2024-01-18 ·cited 2×
  The Eleventh Circuit affirmed the conviction, holding that 18 U.S.C. § 231(a)(3) is constitutional on its face and as applied to the defendant's conduct.
• United States v. Powers
  544 F. Supp. 2d 1331· M.D. Fla.· 2008-04-18 ·cited 2×
  The Court held that 18 U.S.C. § 2250(a), which criminalizes failure to register as a sex offender when interstate travel is involved, is unconstitutional as it exceeds Congress's power under the Commerce Clause.
• United States v. Rooney
  986 F.2d 31· 2d Cir.· 1993-02-18 ·cited 2×
  Government loans can constitute 'benefits' under 18 U.S.C. § 666, satisfying the jurisdictional element for federal bribery charges.
• United States v. Green
  544 F.2d 746· 4th Cir.· 1976-11-17 ·cited 2×
  Knowledge that a firearms dealer is federally licensed is not an essential element of the crime of making a false statement in connection with firearm acquisition.
• Nat'l Small Bus. United v. U.S. Dep't of the Treas.
  11th Cir.· 2025-12-16
  The Corporate Transparency Act (CTA) is a constitutional exercise of Congress's Commerce Clause power because it regulates economic activity and Congress rationally concluded that anonymous corporate dealings substantially affect interstate commerce. The CTA also does not violate
• United States v. Paige
  598 F. Supp. 2d 1307· M.D. Fla.· 2009-02-19
  The Court held that 18 U.S.C. § 2251(b) is a constitutional exercise of Congress's Commerce Clause power because it contains an express jurisdictional element and regulates activity that substantially affects interstate commerce.
• United States v. Hayes
  739 F.2d 236· 6th Cir.· 1984-07-20
  The court held that a defendant charged with aiding and abetting the transportation of a stolen motor vehicle in interstate commerce does not need to have knowledge that the vehicle would be transported in interstate commerce.