United States v. Thomas Charles Kelly

STEPHENSON, Circuit Judge.

This appeal requires review of appellant’s conviction of interstate transportation of obscene matter. 1 Following in dictment and a non-jury trial resulting in a finding of guilt, the district court 2 imposed a six-month sentence of imprisonment and levied a $3,500.00 fine. The principal issues arising in this appeal relate to appellant’s standing to contest the legality of governmental seizure of allegedly obscene matter 3 and the propriety of the seizure itself. Our review of the record and the controlling legal precedent reveals that the district court erroneously…