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UNITED STATES v. WASSERMAN

No. 73-3374.

504 F.2d 1012 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Harold WASSERMAN, Car-Mar Enterprises, Inc., and Abraham Linet, d/b/a Ultima Sales Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 9, 1974.

Attorney(s) appearing for the Case

Edwin M. Rosendahl, Beverly Hills, Cal., R. James George, Jr., Austin, Tex., for defendants-appellants.

William Sessions, U. S. Atty., Jeremiah Handy, W. Ray Jahn, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and GODBOLD and RONEY, Circuit Judges.

GODBOLD, Circuit Judge:

After a jury trial, appellants were convicted of violations of the federal statute prohibiting mailing of obscene material, 18 U.S.C. § 1461. The issues presented by this appeal may be summarized:

(1) Under United States v. Thevis, 484 F.2d 1149 (CA5, 1973), cert. denied, 418 U.S. 932, 94 S.Ct. 3222, 41 L.Ed.2d 1170. (1974), and the requirements of the due process clause, did the District Court...

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