United States v. Jay Hornick, United States of America v. Jesse Traub

GOODRICH, Circuit Judge.

This is an appeal from a conviction under section 1461 of title 18 U.S.C. 1 The subject matter of the section is described in the catch line as “Mailing obscene or crime-inciting matter”. The defendants were indicted in a single indictment containing six counts. The case, by stipulation of counsel, was tried by the court without a jury. The judge, as fact finder, found for the defendants on four of the counts and against them on two.

The two counts on which they were found guilty charge that on different dates the defendants knowingly mailed an envelope containing…