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UNITED STATES v. EWING

No. 638-70.

445 F.2d 945 (1971)

UNITED STATES of America, Appellee, v. Dale P. EWING, d/b/a Action Publishing Company, Appellant.

United States Court of Appeals, Tenth Circuit.

July 15, 1971.

Attorney(s) appearing for the Case

Larry E. Butcher, Atty., Dept. of Justice, Washington, D. C. (William C. McCorriston, Atty., Dept. of Justice, C. Nelson Day, U. S. Atty. and H. Ralph Klemm, Asst. U. S. Atty., with him on brief), for appellee.

Robert T. Bertholdo, Encino, Cal., for appellant.

Before SETH, ALDISERT, and McWILLIAMS, Circuit Judges.

ALDISERT, Circuit Judge.

The main thrust of this appeal from a conviction of ten counts of violating 18 U.S.C. § 1461,1 knowing use of the mails for the delivery of obscene material, has been blunted by the recent decision in United States v. Reidel, 402 U.S. 351, 91 S.Ct. 1410, 28 L.Ed.2d 813 (1971), which reaffirmed the constitutionality of the Act. Remaining for our consideration is a challenge to...

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