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U.S. v. KUSSMAUL

No. 92-3314.

987 F.2d 345 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Walter J. KUSSMAUL, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 18, 1993.

Attorney(s) appearing for the Case

Salvador A. Dominguez (argued and briefed), Office of the U.S. Atty., Columbus, OH, for plaintiff-appellee.

Douglas W. Shaw (argued and briefed), Columbus, OH, for defendant-appellant.

Before: GUY and BATCHELDER, Circuit Judges; and CELEBREZZE, Senior Circuit Judge.

BATCHELDER, Circuit Judge.

Defendant-appellant Walter J. Kussmaul appealed his conviction on one count of causing non-mailable matter, in this case obscene pornographic videotapes, to be delivered by mail in violation of 18 U.S.C. § 1461.

I.

In October 1989, using a mailing list obtained from an earlier prosecution of an adult film mail-order company, Government agents sent the appellant, Walter J. Kussmaul, a letter in the company's periodic...

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