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UNITED STATES v. ELKINS

No. 74-1308.

556 F.2d 978 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Robert ELKINS and Paul David Novick, dba Movieland Distributors, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 8, 1977.

Attorney(s) appearing for the Case

William D. Keller, U.S. Atty., Michael T. Kenney, Asst. U.S. Atty., Los Angeles, Cal., submitted on briefs for plaintiff-appellant.

Roger Jon Diamond, Hecht, Diamond & Greenfield, Pacific Palisades, Cal., submitted on briefs for defendants-appellees.

Before CHAMBERS and CARTER, Circuit Judges, and SCHWARTZ, District Judge.

PER CURIAM:

The defendants were indicted for interstate shipment on January 19, 1973, of alleged obscene films, in violation of 18 U.S.C. § 1462. The indictment was dismissed on the motion of the defendants on the ground that 18 U.S.C. § 1462 could not constitutionally be applied to conduct occurring before June 21, 1973, the date of the decision of the Supreme Court in Miller v. California,

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