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Supreme Court — Part 18
Page 124
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constitute a violation of the National Stolen Property Act (18
U.S.C. 2314) regardless of the value of the shipment. The Court,
noting that “fa]} copyright...comprises a series of carefully
defined and carefully delimited interests to which the law
affords correspondingly exact protections," held that mere
copyright infringement was insufficient to cause the infringing
materials to be regarded as “stolen, converted or taken by
fraud."
He. False Statements - 18 U.S.C. 1001
1. U.S. ve. Woodward, 105 S.Ct. 611 (1-7-85)
A person passing through customs who makes a false
declaration (in this case, answering "no" to the question, "Are
you catrying over $5,0007") may be convicted for both making a
false statement (18 U.S.C. 1001) and willfully failing to report
carrying in excess of $5,000 into the United States (31 U.S.
1058, 1101 [1976 version]). The Court held that the false
Statement felony is not a lesser included offense of the currency
reporting misdemeanor. Therefore the defendant may be punished
for both offenses even though both are based on the same criminal
act.
I. Arson - 18 U.S.C. 844(1)
Ll. Russell v. U.S., LOS S.Ct. 2455 (6-3-85)
A Cworunit apartment building in Chicago earning rental
income and being treated as business property for tax purposes
has a sufficient impact on interstate commerce to be protected by
federal statute from malicious damage or destruction (18 U.S.C.
844(i)). In affirming Russell’s conviction for attempting to
burn his apartment building, the Court noted that in passing
844(i) Congress intended to exercise its full power under the
Commerce Clause to protect "business property."
J. Age Discrimination in Employment Act - 29 U.S.C. 62]
l. Johnson v. Mayor and City Council of Baltimore,
105 S.Ct. 2717 (6-17-85)
Federal statute requiring federal firefighters and law
enforcement employees (including FBI Special Agents) to retire at
age 55 does not, as a matter of law, establish that age 55 is a
bona fide occupational qualification (BFOQ) for nonfederal
firefighters and law enforcement officers within meaning of Age
Discrimination in Employment Acts BFOQ exemption.
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