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UNITED STATES v. MILLER

No. 85-7142.

776 F.2d 978 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Wallace Merrell MILLER Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 21, 1985.

Attorney(s) appearing for the Case

John L. Carroll, Associate Professor of Law, Walter F. George, School of Law, Mercer University, Macon, Ga., for defendant-appellant.

Charles R. Niven, Asst. U.S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before HILL and CLARK, Circuit Judges, and HOBBS, Chief District Judge.

PER CURIAM:

Wallace Merrell Miller ordered a booklet from Europe depicting minors engaged in sexually explicit conduct. He received the booklet in his post office box in Montgomery, Alabama, and took it to his home, where it remained until seized by federal agents. There was no evidence that Miller had any intent to distribute, sell or trade the booklet.

The district court denied Miller's motion to dismiss the indictment in which he argued that 18 U.S.C. ...

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