UNITED STATES v. PERAINO

No. 79-5081.

645 F.2d 548 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph PERAINO and Plymouth Distributors, Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 6, 1981.

As Amended April 24, 1981.


Attorney(s) appearing for the Case

Henry J. Boitel, New York City, for defendants-appellants.

W. J. Michael Cody, U. S. Atty., Robert M. Williams, Jr., Memphis, Tenn., for plaintiff-appellee.

Before WEICK, LIVELY and KENNEDY, Circuit Judges.


LIVELY, Circuit Judge.

The appellants, along with nine other defendants, were indicted and tried by a jury at Memphis in the Western District of Tennessee for conspiracy to violate federal obscenity statutes, 18 U.S.C. § 1462 and § 1465, by transporting the film "Deep Throat" in interstate commerce. At a joint trial the defendant Joseph Peraino was found guilty, sentenced to 18 months with all but 6 months suspended and fined $10,000; Plymouth Distributors...

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