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UNITED STATES v. OBSCENE MAGAZINES, BOOK, ETC.

No. 79-3300.

653 F.2d 381 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. OBSCENE MAGAZINES, BOOK AND ADVERTISING MATERIALS, et al., Defendants, Eugene Schoenfeld, M.D., Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1981.

Attorney(s) appearing for the Case

Howard Gest, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Fred Okrand, Los Angeles, Cal., for claimant-appellant.

Before GOODWIN and ANDERSON, Circuit Judges, and GILLIAM, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

Dr. Eugene Schoenfeld has challenged the district court's determination that six magazines and one book sought to be imported by him were obscene and thus subject to forfeiture as provided by § 305 of the Tariff Act, 19 U.S.C. § 1305.

The relevant portion of § 1305 provides that:

"All persons are prohibited from importing into the United States from any foreign country ... any obscene book,

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