United States v. Various Articles of Obscene Merchandise, Schedule No. 2127

MESKILL, Circuit Judge:

In this in rem action, the United States of America appeals from the judgment of the United States District Court for the Southern District of New York, Brieant, J., holding that thirty-one magazines seized by the United States Customs Service were not “obscene” within the meaning of 19 U.S.C. § 1305(a) (1976 & Supp. IV 1980). The appellant contends that the district court applied an improper standard of review when considering whether the seized materials were legally obscene for purposes of section 1305(a). We agree with the government’s position and therefore reverse…