Comello Raymond v. United States

Appellant was convicted of violating 18 U.S.C. § 1952 (1964), which makes it unlawful to use any facility in interstate commerce with intent to promote any “unlawful activity,” and to thereafter attempt to perform such “unlawful activity.” “Unlawful activity” is defined to include “prostitution offenses in violation of the law of the State in which they are committed.”

The indictment charged that appellant used a telephone line from Las Vegas, Nevada, to San Diego, California, for the promotion and carrying on “of prostitution, an unlawful activity, and thereafter attempted to perform the promotion and carrying on of prostitution, in violation of the laws of Nevada.” As the district court read the Nevada statutes, prostitution itself was not an unlawful activity, but facilitating or carrying on prostitution in particular ways was unlawful. The court therefore instructed the jury that it would not be sufficient that appellant intended to promote prostitution, but it must appear that he intended to promote the carrying on of prostitution in a manner violative of the laws of Nevada, and, specifically, in violation of N.R.S. 201.300 which made it unlawful for any person to persuade…