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UNITED STATES v. PELLEGRINO

No. 71-1694.

467 F.2d 41 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas C. PELLEGRINO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 24, 1972.

Attorney(s) appearing for the Case

J. Brin Schulman (argued), Beverly Hills, Cal., for defendant-appellant.

Larry S. Flax, Asst. U. S. Atty. (argued), David R. Nissen, Asst. U. S. Atty., Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before HAMLEY, MERRILL and BROWNING, Circuit Judges.

MERRILL, Circuit Judge:

Appellant was indicted in fifteen counts for knowingly depositing, and causing to be deposited, for mailing envelopes containing obscene, lewd, indecent, lascivious and filthy advertisements in violation of 18 U.S.C. § 1461.1 Thirteen of the fifteen counts were either dismissed prior to trial upon the Government's motion or received judgments of acquittal from the trial court. Two counts went to the jury. Upon...

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