UNITED STATES v. COTE

No. 72-2417. Summary Calendar.

470 F.2d 755 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Robert E. COTE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 15, 1973.


Attorney(s) appearing for the Case

George Grove, Jr., Beverly Hills, Cal., for defendant-appellant.

Frank McCown, U. S. Atty., Alex H. McGlinchey, Asst. U. S. Atty., Fort Worth, Tex., for plaintiff-appellee.

Before BELL, DYER and CLARK, Circuit Judges.


PER CURIAM:

Robert E. Cote pled guilty to four counts of mailing obscene films, magazines and circulars in violation of 18 U.S.C. § 1461. On this appeal he seeks to have his pleas and the judgment of the court below set aside, contending that the mailed materials were not obscene as a matter of law and that 18 U.S.C. § 1461 is unconstitutional. We affirm.

At the outset we reject as without merit his attack on the validity of the statute. That his...

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