United States v. Marvin Miller

JAMES M. CARTER, Circuit Judge:

This is an obscenity case tried by the court without a jury. Special findings of fact were waived. Only the defendant Marvin Miller appealed. As to Covi-na Publishing Inc., this panel has made an order dismissing any purported appeal for lack of jurisdiction, since no notice of appeal was filed by Covina.

A series of sentences was imposed on appellant Miller. There were two sets or series of counts, and on each count of which Miller was convicted, a sentence of one year was imposed. The sentences on Counts 1, 3, 4, 6, 8, 9, 11, 13 and 14 were made to run…