United States v. Robert Joe Garcia Easley, Jr.

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 returned in the Western District of Kentucky charging Easley and two co-defendants, Jacqueline Hunter and Diverse Industries, Inc. (“Diverse”), with five counts…