UNITED STATES v. GATES

No. 72-1865.

481 F.2d 605 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Joe GATES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 20, 1973.


Attorney(s) appearing for the Case

Gene W. Caldwell, Tyler, Tex. (Court-appointed), for defendant-appellant.

Roby Hadden, U. S. Atty., Dennis R. Lewis, Asst. U. S. Atty., Tyler. Tex., for plaintiff-appellee.

Before DYER, SIMPSON and MORGAN, Circuit Judges.


PER CURIAM:

Gates was indicted, tried by jury, and convicted of a violation of 18 U.S.C.A. § 1461 in mailing a filthy letter to a married woman with whom he was not acquainted. We affirm.

It is not claimed that the letter served any useful purpose or had literary merit. On the contrary, the letter was couched in shocking, wildly erotic, disgustingly filthy, and prurient language. The contents of the letter are so vulgar, sordid, and provocative that we...

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