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UNITED STATES v. HUNT

No. 73-3165.

496 F.2d 888 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny Miles HUNT and Baron Raymon Kolb, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 1, 1974.

Attorney(s) appearing for the Case

J. Mack Ausburn, San Antonio, Tex., for defendants-appellants.

William S. Sessions, U. S. Atty., San Antonio, Tex., Jeremiah Handy, Ralph E. Harris, Asst. U. S. Attys., El Paso, Tex., Robert P. Trout, Atty., Dept. of Justice, Crim. Div., Government Regulations Section, Washington, D. C., for plaintiff-appellee.

Before BELL, SIMPSON and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge:

Defendants Johnny Miles Hunt and Baron Raymon Kolb were convicted for receiving in interstate commerce obscene publications in violation of 18 U.S.C. § 1462.1 On appeal, defendants argue that the allegedly obscene publications were obtained as a result of an unlawful search and seizure and that the evidence introduced at trial does not establish the requisite scienter to support their convictions.

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