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U.S. v. EASLEY

No. 90-5751.

942 F.2d 405 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Joe Garcia EASLEY, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 22, 1991.

Attorney(s) appearing for the Case

Joseph M. Whittle, U.S. Atty., Terry Cushing, Asst. U.S. Atty. (argued and briefed), Louisville, Ky., Carl Alexandre, Office of the U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Arthur M. Schwartz (argued and briefed), Denver, Colo., for defendant-appellant.

Before MERRITT, Chief Judge, JONES, Circuit Judge, and WELLFORD, Senior Circuit Judge.

NATHANIEL R. JONES, Circuit Judge.

Defendant-appellant Robert Joe Garcia Easley, Jr., appeals his jury conviction for three counts of mailing obscene materials in violation of 18 U.S.C. § 1461 and one count of using a common carrier to ship obscene materials in interstate commerce in violation of 18 U.S.C. § 1462. For the reasons that follow, we reverse and remand for new trial.

I.

On January 24, 1989, a federal grand jury indictment was...

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