Merrell v. United States

463 U.S. 1230 (1983)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

The FBI maintained surveillance of premises suspected of being an illegal gambling operation. The parties were caught and convicted, and Merrell (D) was one of them. The evidence against D was that he served coffee to bettors and after the sessions, he stacked the tables and chairs, swept the floor, cleaned the ashtrays, and straightened things up. D was convicted of conducting an illegal gambling business but acquitted of conspiracy. D appealed. The court of appeals affirmed holding that any act, duty, or function that is necessary or helpful in operating the enterprise created liability.

Issues

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Holding & Decision

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Legal Analysis

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