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UNITED STATES v. BLUCHER

No. 77-1065.

581 F.2d 244 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald L. BLUCHER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided July 31, 1978.

Rehearing Denied September 5, 1978.

Attorney(s) appearing for the Case

Donald J. Sullivan, Cheyenne, Wyo., for defendant-appellant.

Lawrence A. Bobbitt, III, Asst. U. S. Atty., Cheyenne, Wyo. (Toshiro Suyematsu, U. S. Atty., and Frederic C. Reed, Asst. U. S. Atty., Cheyenne, Wyo., on the brief), for plaintiff-appellee.

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

McKAY, Circuit Judge.

Dissenting in Hamling v. United States, 418 U.S. 87, 94 S.Ct. 2887, 41 L.Ed.2d 590 (1974), Mr. Justice Brennan expressed the foreboding that:

The 1958 amendments to § 1461 constituted the mailing of obscene matter a continuing offense under 18 U.S.C. § 3237. The practical effect of this amendment — intentionally adopted by Congress for that express purpose — is to permit...

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