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UNITED STATES v. HURT

No. 85-3058.

795 F.2d 765 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Lasco Lavaun HURT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 25, 1986.

Attorney(s) appearing for the Case

Robert C. Weaver, Asst. U.S. Atty., Portland, Or., for plaintiff-appellee.

John S. Ransom, Ransom, Blackman & Simson, Portland, Or., for defendant-appellant.

Before FLETCHER, ALARCON, and WIGGINS, Circuit Judges.

ALARCON, Circuit Judge:

Lasco Lavaun Hurt (hereinafter Hurt) appeals from a conviction of two counts of violation of 18 U.S.C. § 2 and § 1461 for use of the mails for the delivery of two packages containing nonmailable obscene materials.

I. CONTENTIONS ON APPEAL

Hurt seeks reversal on the following grounds.

One. Section 1461 does not apply to persons who use the mail to order and receive obscene materials. Two. Section...

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