United States v. Harold Wasserman, Car-Mar Enterprises, Inc., and Abraham Linet, D/B/A Ultima Sales Company

GODBOLD, Circuit Judge:

After a jury trial, appellants were convicted of violations of the federal statute prohibiting mailing of obscene material, 18 U.S.C. § 1461. The issues presented by this appeal may be summarized :(1) Under United States v. Thevis, 484 F.2d 1149 (CA5, 1973), cert. denied, 418 U.S. 932, 94 S.Ct. 3222, 41 L.Ed.2d 1170 (1974), and the requirements of the due process clause, did the District Court err in applying the obscenity standards of Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973), in a trial for allegedly criminal acts which occurred before…