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U.S. v. EXTREME ASSOCIATES, INC.

No. 05-1555.

431 F.3d 150 (2005)

UNITED STATES of America, Appellant v. EXTREME ASSOCIATES, INC.; Robert Zicari, aka Rob Black; Janet Romano, aka Lizzie Borden.

United States Court of Appeals, Third Circuit.

Decided December 8, 2005.

Attorney(s) appearing for the Case

Mary Beth Buchanan (Argued), Office of United States Attorney, Pittsburgh, PA, Christine A. Sanner, Office of United States Attorney, Erie, PA, for Appellant.

H. Louis Sirkin (Argued), Jennifer M. Kinsley, Sirkin, Penales, Schwartz, Cincinnati, OH, for Appellees.

Before: SMITH, STAPLETON, and NYGAARD, Circuit Judges.

OPINION

SMITH, Circuit Judge.

This appeal requires us to decide whether the District Court erred by dismissing an indictment brought against Extreme Associates, Inc. and its proprietors under 18 U.S.C. §§ 1461 and 1465, which criminalize the commercial distribution of obscene materials, on the ground that those statutes violate the privacy rights of Extreme Associates' customers under the Fifth Amendment doctrine of substantive due process. Because...

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