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UNITED STATES v. MARTI

Nos. 237-238, Dockets 33472, 33473.

421 F.2d 1263 (1970)

UNITED STATES of America, Appellee, v. Luis MARTI and Lou Saks, Appellants.

United States Court of Appeals, Second Circuit.

Decided February 3, 1970.

Attorney(s) appearing for the Case

Raymond Bergan, Washington, D. C. (Edward Bennett Williams, Patrick M. Wall, Washington, D. C., on the brief), for appellant Marti.

Gustave Newman, Brooklyn, N. Y. (Evseroff, Newman & Sonenshine, Brooklyn, N. Y.), for appellant Saks.

James T. B. Tripp, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., Southern District of New York, John E. Sprizzo, Asst. U. S. Atty, on the brief), for appellee.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Appellant Marti was indicted along with nine other defendants on two counts of conspiracy to transport obscene materials in interstate commerce for the purpose of sale and distribution, in violation of 18 U.S.C. § 1465 (1966): (1) for transporting obscene still photographs, and (2) for transporting obscene films. Appellant Saks was indicted on the second count alone. Appellants were tried together before a jury in the United States...

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