Merrell v. United States

FBI surveillance of a Detroit building revealed an illegal dice game, leading to charges against 13 people under 18 U.S.C. Section 1955, which bars conducting, financing, managing, supervising, directing, or owning all or part of an illegal-gambling business. Eight defendants pleaded guilty, and four others were acquitted as mere bettors. The last defendant, Buster Merrell (petitioner), served coffee to bettors, stacked tables and chairs after games, and cleaned the gambling area; he was convicted of conducting the illegal-gambling business. The court of appeals applied a standard asking whether Merrell performed any act, duty, or function necessary or merely helpful to the operation, and affirmed his conviction. Merrell petitioned for certiorari.