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UNITED STATES v. DOST

Nos. 76-1829, 76-1830.

575 F.2d 1303 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Jacob James DOST and Thomas Edward Kilfoyle, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided May 1, 1978.

Rehearing Denied June 9, 1978.

Attorney(s) appearing for the Case

Ronald F. Ross, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on the brief), for plaintiff-appellee.

Burton C. Jacobson, Beverly Hills, Cal. (John B. Leyba, Albuquerque, N. M., on the brief), for Jacob James Dost, defendant-appellant.

David M. Ebel, Denver, Colo. (Davis, Graham & Stubbs, Denver, Colo., on the brief), for Thomas Edward Kilfoyle, defendant-appellant.

Before SETH, Chief Judge, and McWILLIAMS and McKAY, Circuit Judges.

McWILLIAMS, Circuit Judge.

In the first count of a four-count indictment, James Dost and Thomas Kilfoyle were charged with mailing nonmailable matter from Los Angeles, California, to Roswell, New Mexico, in violation of 18 U.S.C. § 1461. The material in question was an advertising letter giving information as to where, how, from whom, and by what means certain nude photographs could be obtained. In the other three counts, the two defendants were also charged...

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