U.S. v. ARVIN

No. 87-1220.

900 F.2d 1385 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Arvin, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 12, 1990.


Attorney(s) appearing for the Case

Charles R. Garry, San Francisco, Cal., for defendant-appellant.

Sanford Svetcov, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before FLETCHER, BEEZER and O'SCANNLAIN, Circuit Judges.


FLETCHER, Circuit Judge:

Michael Arvin appeals his conviction and sentence under 18 U.S.C. § 2252(a)(1) for mailing three photographs of minor females engaged in sexually explicit conduct. His appeal presents several issues revolving around the meaning of the statutory term "lascivious." We must decide whether this term incorporates a standard of obscenity, whether expert testimony on the issue of "lasciviousness" should have been allowed, and whether the district...

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