United States v. David M. Treatman

HEANEY, Circuit Judge.

David M. Treatman was convicted by a jury on three counts of a seven-count indictment charging use of the United States mail for the transportation of obscene material in violation of 18 U.S.C. § 1461. Treatman has filed a timely appeal from a final order of the District Court overruling his post-trial motions for a new trial and for judgment of acquittal. He raises six issues. We consider only one: whether the trial court’s communications with the jury outside the presence of the defendant and his counsel is grounds for reversal. 1 II.We hold that it is.

The appellant…