United States v. Shirley Anne Danley, AKA Ginger Cardwell, and Terry Lee Meidel, United States of America v. Roy Earl Oswalt, AKA Jimmy Collins

OPINION

Before KOELSCH and TRASK, Circuit Judges, and SMITH, * District Judge. RUSSELL E. SMITH, District Judge:

Defendants were charged with violations of 18 U.S.C. §§ 1462 and 1465 relating to obscenity, and with conspiracy to violate those sections. They were tried by the court and found guilty. The facts were stipulated, reserving only the question of whether the materials described in the indictment were obscene.

The trial court expressly found that the materials were obscene under the rule of Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973), and even under the…