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UNITED STATES v. ORITO

No. 24255.

424 F.2d 276 (1970)

UNITED STATES of America, Appellant, v. George Joseph ORITO, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 26, 1970.

Attorney(s) appearing for the Case

Burton Marks, Los Angeles, Cal., for appellant.

Henry J. Novak, Asst. U. S. Atty., Wm. Matthew Byrne, U. S. Atty., Los Angeles, Cal., for appellee.

Before BROWNING, DUNIWAY and WRIGHT, Circuit Judges.

PER CURIAM:

Appellant was convicted by a court sitting without a jury of knowingly receiving obscene materials from a common carrier. 18 U.S.C. § 1462. His counsel stipulated, and rightly, that the materials involved were not protected by the First Amendment. Redrup v. New York, 386 U.S. 767, 87 S.Ct. 1414, 18 L.Ed.2d 515 (1967); Ginzburg v. United States, 383 U.S. 463, 499 n. 3, 86 S.Ct. 942, 16...

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