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UNITED STATES v. HENSON

No. 73-2063.

513 F.2d 156 (1975)

UNITED STATES of America, Appellee, v. Thomas Venest HENSON, aka Tom Vinnie Henson, and George Victor Abisalih, aka George Abbey, dba "Associated Theaters of Texas", Appellants.

United States Court of Appeals, Ninth Circuit.

March 3, 1975.

Attorney(s) appearing for the Case

David M. Brown (argued), Fleishman, McDaniel, Brown & Weston, Hollywood, Cal., for appellants.

Robert C. Bonner, Asst. U.S. Atty. (argued), Los Angeles, Cal., for appellee.

Before ELY and GOODWIN, Circuit Judges, and MURRAY, District Judge.

OPINION

On Petition for Rehearing

ELY, Circuit Judge:

In an indictment filed on January 10, 1973, the appellants were charged with having transported allegedly obscene films in interstate commerce, a violation of 18 U.S.C. § 1462. The appellants were tried before a jury and convicted shortly before the Supreme Court announced its opinions in Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973...

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