UNITED STATES v. GILMAN

Nos. 81-1058, 81-1059.

684 F.2d 616 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Robert GILMAN, Jr., and Richard Joseph Martin, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 16, 1982.

Rehearing Denied November 22, 1982.


Attorney(s) appearing for the Case

Claudia Wilken, Wilken & Leverett, Berkeley, Cal., for defendants-appellants.

Robert Feldman, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before KENNEDY and SKOPIL, Circuit Judges, and BURNS, District Judge.


SKOPIL, Circuit Judge:

Frank Gilman and co-defendant Richard Martin were convicted of seven counts of mailing obscene material, 18 U.S.C. § 1461 and of one count of conspiracy, 18 U.S.C. § 371. They argue on appeal that (1) violations of fourth amendment rights led to their conviction; (2) jury instructions were erroneous; (3) overt acts in the indictment were prejudicial; and (4) their sentences are excessive.

FACTS

Appellants were partners...

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