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UNITED STATES v. MARKS

No. 77-5382.

585 F.2d 164 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley MARKS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 5, 1978.

Attorney(s) appearing for the Case

Arthur M. Schwartz, Denver, Colo., Robert E. Smith, Atlanta, Ga., Mott V. Plummer, Newport, Ky., for defendant-appellant.

Patrick H. Molloy, U.S. Atty., James E. Arehart, Asst. U.S. Atty., Lexington, Ky., for plaintiff-appellee.

Before WEICK, ENGEL and MERRITT, Circuit Judges.

ENGEL, Circuit Judge.

Stanley Marks appeals from a judgment entered upon a jury verdict finding him guilty on two counts of transporting obscene materials in interstate commerce and one count of conspiracy to commit that offense, in violation of 18 U.S.C. §§ 1465 and 371 (1976) respectively.1

Marks was earlier convicted on these same charges as well as additional counts of the substantive offense. United States v....

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