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U.S. v. CARMACK

No. 89-7873 Non-Argument Calendar.

910 F.2d 748 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. James Melvin CARMACK, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 4, 1990.

Attorney(s) appearing for the Case

J. Louis Wilkinson, Wilkinson & Vinson, Birmingham, Ala., for defendant-appellant.

Frank W. Donaldson, U.S. Atty., James E. Phillips, Asst. U.S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, JOHNSON and HATCHETT, Circuit Judges.

HATCHETT, Circuit Judge.

The June 26, 1990 opinion in this case is hereby vacated, and the following corrected opinion is substituted.

The sole issue in this case is whether 18 U.S.C. § 1461 declares unlawful the receipt of obscene material through the mails for private use.

Although this is a question of first impression in the Eleventh Circuit, the Ninth and Sixth Circuits have rejected the contention that persons who order and receive obscene...

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