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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 94-251
- --------
- UNITED STATES, PETITIONER v. JUAN
- PAUL ROBERTSON
- on writ of certiorari to the united states court
- of appeals for the ninth circuit
- [May 1, 1995]
-
- Per curiam.
- Respondent, Juan Paul Robertson, was charged with
- various narcotics offenses, and with violating 1962(a) of
- the Racketeer Influenced and Corrupt Organizations Act
- (RICO), 18 U. S. C. 1961 et seq. (1988 ed. and Supp.
- V), by investing the proceeds of those unlawful activities
- in the -acquisition of any interest in, or the establish-
- ment or operation of, any enterprise which is engaged
- in, or the activities of which affect, interstate or foreign
- commerce.- 18 U. S. C. 1962(a). He was convicted on
- some of the narcotics counts, and on the RICO count by
- reason of his investment in a certain gold mine. The
- United States Court of Appeals for the Ninth Circuit
- reversed the RICO conviction on the ground that the
- Government had failed to introduce sufficient evidence
- proving that the gold mine was -engaged in or affect[ed]
- interstate commerce-. 15 F. 3d 862, 868 (1994). We
- granted the United States' petition for certiorari. 513
- U. S. ___ (1994).
- The facts relevant to the -engaged in or affecting
- interstate commerce- issue were as follows: Some time
- in 1985, Robertson entered into a partnership agreement
- with another man, whereby he agreed to finance a gold-
- mining operation in Alaska. In fulfillment of this
- obligation, Robertson, who resided in Arizona, made a
- cash payment of $125,000 for placer gold mining claims
- near Fairbanks. He paid approximately $100,000 (in
- cash) for mining equipment and supplies, some of which
- were purchased in Los Angeles and transported to
- Alaska for use in the mine. Robertson also hired and
- paid the expenses for seven out-of-state employees to
- travel to Alaska to work in the mine. The partnership
- dissolved during the first mining season, but Robertson
- continued to operate the mine through 1987 as a sole
- proprietorship. He again hired a number of employees
- from outside Alaska to work in the mine. During its
- operating life, the mine produced between $200,000 and
- $290,000 worth of gold, most of which was sold to
- refiners within Alaska, although Robertson personally
- transported approximately $30,000 worth of gold out of
- the State.
- Most of the parties' arguments, here and in the Ninth
- Circuit, were addressed to the question whether the
- activities of the gold mine -affected- interstate com-
- merce. We have concluded we do not have to consider
- that point. The -affecting commerce- test was developed
- in our jurisprudence to define the extent of Congress's
- power over purely intrastate commercial activities that
- nonetheless have substantial interstate effects. See, e.g.,
- Wickard v. Filburn, 317 U. S. 111 (1942). The proof at
- Robertson's trial, however, focused largely on the inter-
- state activities of Robertson's mine. For example, the
- Government proved that Robertson purchased at least
- $100,000 worth of equipment and supplies for use in the
- mine. Contrary to the Court of Appeals' suggestion, all
- of those items were not purchased locally (-drawn gener-
- ally from the stream of interstate commerce,- 15 F. 3d,
- at 869 (internal quotation marks omitted)); the Govern-
- ment proved that some of them were purchased in
- California and transported to Alaska for use in the
- mine's operations. Cf. United States v. American
- Building Maintenance Industries, 422 U. S. 271, 285
- (1975) (allegation that company had made local pur-
- chases of equipment and supplies that were merely
- manufactured out of state was insufficient to show that
- company was -engaged in commerce- within the meaning
- of 7 of the Clayton Act). The Government also proved
- that, on more than one occasion, Robertson sought
- workers from out of state and brought them to Alaska
- to work in the mine. Cf. id., at 274. Furthermore,
- Robertson, the mine's sole proprietor, took $30,000 worth
- of gold, or 15% of the mine's total output, with him out
- of the State.
- Whether or not these activities met (and whether or
- not, to bring the gold mine within the -affecting com-
- merce- provision of RICO, they would have to meet) the
- requirement of substantially affecting interstate com-
- merce, they assuredly brought the gold mine within
- 1962(a)'s alternative criterion of -any enterprise . . .
- engaged in . . . interstate or foreign commerce.- As we
- said in American Building Maintenance, a corporation is
- generally -engaged `in commerce'- when it is itself -di-
- rectly engaged in the production, distribution, or acqui-
- sition of goods and services in interstate commerce.-
- Id., at 283. See also Gulf Oil Corp. v. Copp Paving Co.,
- 419 U. S. 186, 195 (1974).
- The judgment of the Court of Appeals is
- Reversed.
-
-