UNITED STATES v. SHERWIN

No. 73-3124.

539 F.2d 1 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Richard Norton SHERWIN, dba Marquis Publishing Corporation, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 2, 1976.


Attorney(s) appearing for the Case

John L. Murphy, Atty. (argued), and John E. Harris (argued), both of Crim. Div., Justice Dept., Washington, D.C., for plaintiff-appellant.

Gilbert H. Deitch (argued), Atlanta, Ga., James J. Brown (argued), Las Vegas, Nev., for defendants-appellees.

Before CHAMBERS, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE, SNEED and KENNEDY, Circuit Judges.


OPINION

ANTHONY M. KENNEDY, Circuit Judge:

The Government appeals a pretrial order suppressing from evidence certain allegedly obscene books and ordering their return to the defendants. We hold the district court incorrectly analyzed the first and fourth amendment questions presented to it, and reverse the order to suppress.1

On April 10, 1972, the Milne Truck Lines terminal in Las Vegas received a shipment of seventeen...

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