United States v. Sten Thordarson, Martin Fry, Craig Dunbar, Martin Salgado, and Charles Wise

(concurring and dissenting):

Because section 501(c) of the LandrumGriffin Act is expressly designed to regu *1338 late the conduct of union officials in the use of union funds, I agree that the district court erred in dismissing those counts of the indictment that charged violations of section 501(c), and join in Parts I and III of the court’s opinion. I cannot agree, however, with the majority’s view of the scope of United States v. Enmons, 410 U.S. 396 , 93 S.Ct. 1007 , 35 L.Ed.2d 379 (1973). I believe that the rationale animating Enmons precludes the application of RICO, the Travel Act, or 18 U.S.C. § 844 (i) to violence incidental to a legitimate labor dispute. Accordingly, I dissent from Part II of the majority’s opinion.

The majority distinguishes Enmons from the case at bar by reading it as based on the specific language and legislative history of the Hobbs Act. I agree with the district court, however, that “it is inaccurate to so narrowly limit the case.” United States v. Thordarson, 487 F.Supp. 991, 992-93 (D.C.C. D.Cal.1980). The Court in Enmons explicitly stated that even had the language and history of the Hobbs Act not precluded its application to violence during…

The government appeals from a district court order dismissing a ten-count indict *1325 ment charging defendants with violating 18 U.S.C. §§ 1962 (d), 1952, and 844(i), and 29 U.S.C. § 501 (c). This court has jurisdiction under 18 U.S.C. § 3731 . We reverse.

I. Facts

In 1978, the employees of the Redman Moving and Storage Company of Thousand Oaks, California, elected Teamsters Local 186 as their bargaining agent. When Red-man refused to recognize the union, Local 186, aided by Teamsters, Local 389, called a strike against the company. During the time of the strike, Redman trucks in California, Arizona and Connecticut were damaged or destroyed.

In November of 1979, a ten-count indictment was filed in the United States District Court for the Central District of California, alleging that the defendants — all officers or employees of Local 186 or Local 389 — eonspired to destroy Redman trucks in an effort to coerce Redman into recognizing the Teamsters.

The indictment charges defendants with the use of explosives to damage vehicles used in interstate commerce in violation of 18 U.S.C. § 844 (i) 1 (Counts 2 and 3); travel in interstate commerce to commit arson in violation of the…

646 F.2d 1323 107 L.R.R.M. (BNA) 2505 , 91 Lab.Cas. P 12,800 UNITED STATES of America, Plaintiff-Appellant, v. Sten THORDARSON, Martin Fry, Craig Dunbar, Martin Salgado, and Charles Wise, Defendants-Appellees. No. 80-1239. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 17, 1980. Decided May 20, 1981. Charles C. Wehner, Sp. Atty., Los Angeles, Cal., for plaintiff-appellant. Jan Lawrence Handzlik, Stilz, Boyd, Levine & Handzlik, Los Angeles, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before PREGERSON, FERGUSON and NORRIS, Circuit Judges. NORRIS, Circuit Judge: 1 The government appeals from a district court order dismissing a ten-count indictment charging defendants with violating 18 U.S.C. §§ 1962 (d), 1952, and 844(i), and 29 U.S.C. § 501 (c). This court has jurisdiction under 18 U.S.C. § 3731 . We reverse. I. Facts 2 In 1978, the employees of the Redman Moving and Storage Company of Thousand Oaks, California, elected Teamsters Local 186 as their bargaining agent. When Redman refused to recognize the union, Local 186, aided by Teamsters, Local 389, called a…