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UNITED STATES v. GANTZER

No. 291, Docket 86-1264.

810 F.2d 349 (1987)

UNITED STATES of America, Appellee, v. James A. GANTZER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 26, 1987.

Attorney(s) appearing for the Case

Jon Louis Wilson, Jackson and Wilson, Lockport, N.Y., submitted a brief for defendant-appellant.

Roger P. Williams, U.S. Atty., Martin J. Littlefield, Asst. U.S. Atty., Buffalo, N.Y., submitted a brief for appellee.

Before KAUFMAN, NEWMAN, and PRATT, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal presents the issue whether the constitutional right recognized in Stanley v. Georgia, 394 U.S. 557, 89 S.Ct. 1243, 22 L.Ed.2d 542 (1969), to view obscene materials in the privacy of one's own home insulates a defendant from conviction for mailing obscene materials for private use. The issue is raised by James Gantzer on this appeal from a judgment of the District Court for the Western...

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