Samuel Roth v. United States

The appellant’s criminal conviction for sending obscene matter through the mails was affirmed by this court, 237 F. 2d 796, and by the Supreme Court, 352 U.S. 964, 77 S.Ct. 361, 1 L.Ed.2d 319. Thereafter he made a motion in the district court for reduction of his five-year sentence to the time already served. Rule 35, F.R.Crim.P. This appeal is from the denial of that motion.

There is no question but that the sentence was within the allowable statutory limit. 18 U.S.C. § 1461. It is the appellant’s contention, however, that in imposing the sentence originally, and in refusing to reduce it, the…