Dominic Peter Gagliardo v. United States

Dominic Gagliardo, appellant herein, was charged by indictment in the United States District Court for the District of Nevada with a violation of 18 U.S.C. § 1464 . After a jury trial he was convicted and sentenced under the Young Adult Offenders Act, 18 U.S.C. § 4209 . He filed a timely appeal to this court which has jurisdiction under 28 U.S.C. § 1291 .

18 U.S.C. § 1464 provides as follows:

The evidence established that at the time of the offense charged appellant was a 23-year-old male with a limited education. He had a citizens’ band radio license which he operated as a hobby. Without going into the details, it is sufficient to say that a prolonged argument developed over the air between appellant and one Sartain, each broadcasting over a citizens’ band radio in Las Vegas, Nevada. Sartain testified that he heard appellant make over the air certain statements which are set out in the record but which we feel need not be set out here. Suffice it to say, it was not parlor language.

Appellant contends that 18 U.S.C. § 1464 is unconstitutional under the Tenth Amendment because it is an attempt to exercise police power reserved to the states. It is well established that Congress…