U.S. v. O'MALLEY

No. 87-2524.

854 F.2d 1085 (1988)

UNITED STATES of America, Appellant, v. Robert O'MALLEY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 1, 1988.

Rehearing and Rehearing Denied September 28, 1988.


Attorney(s) appearing for the Case

Irl B. Baris, St. Louis, Mo., for appellant.

Steven E. Holtshouser, Asst. U.S. Atty., St. Louis, Mo., for appellee.

Before FAGG, Circuit Judge, BRIGHT, Senior Circuit Judge, and NICHOL, Senior District Judge.


Rehearing and Rehearing En Banc Denied September 28, 1988.

BRIGHT, Senior Circuit Judge.

A grand jury charged Defendant with two counts of mailing photographs depicting a minor engaged in sexually explicit conduct in violation of 18 U.S.C. § 2252(a)(1) (Supp. IV 1986). Defendant waived his right to a jury trial and the case was submitted to the district court on the basis of a joint written statement of stipulated facts. The district court found Defendant...

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