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UNITED STATES v. BATTISTA

Nos. 79-5165, 79-5257 to 79-5260.

646 F.2d 237 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony BATTISTA (79-5165) T. Anthony Arnone (79-5257) Louis Peraino (79-5258) Bryanston Distributors, Inc. (79-5259) Gerard Damiano Film Productions, Inc. (79-5260), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 6, 1981.

Attorney(s) appearing for the Case

Robert E. Smith, Atlanta, Ga., for Anthony Battista and T. Anthony Arnone.

Phillip E. Kuhn, Finley, Stein, Kuhn, Bienvenu, Kuhn & Schwartz, Memphis, Tenn., for Louis Peraino, Bryanston Distributors, Inc., and Gerard Damiano Film Productions, Inc.

W. J. Michael Cody, U. S. Atty., Robert M. Williams, Asst. U. S. Atty., for the U. S.

Before WEICK, LIVELY and KENNEDY, Circuit Judges.

WEICK, Circuit Judge.

Defendants have appealed to this court from the judgment of conviction and sentence entered by the district court upon a verdict of guilty returned by a jury in their second trial on an indictment charging them with conspiracy to violate the obscenity statutes, 18 U.S.C. § 1462 and § 1465 by transporting the obscene film Deep Throat in interstate commerce.1 Three...

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