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UNITED STATES v. MILLICAN

No. 73-1734 Summary Calendar.

487 F.2d 331 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Justin MILLICAN, Ind. and d/b/a Hip Magazine, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 18, 1973.

Attorney(s) appearing for the Case

Glenn Zell, Atlanta, Ga., for defendant-appellant.

John W. Stokes, Jr., U. S. Atty., Richard H. Still, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

PER CURIAM:

The appellant, publisher of HIP magazine, was convicted in a non-jury trial on two counts of using the mails to distribute obscene material in violation of 18 U.S.C.A. § 1461. The defendant used the mails for delivery of HIP magazine which carried an advertisement for the film "In Deep" which the trial judge found to be obscene. The film was ordered and received through the mails by a postal inspector, using an alias under which he had entered a subscription...

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