Legal Opinion

United States v. Frank Robert Gilman, Jr., and Richard Joseph Martin

Court of Appeals for the Ninth Circuit

Decided August 16, 1982No. 81-1058, 81-1059PublishedCited by 58 opinions

1Opinion of the Court

SKOPIL, Circuit Judge:

Frank Gilman and co-defendant Richard Martin were convicted of seven counts of mailing obscene material, 18 U.S.C. § 1461 and of one count of conspiracy, 18 U.S.C. § 371. They argue on appeal that (1) violations of fourth amendment rights led to their conviction; (2) jury instructions were erroneous; (3) overt acts in the indictment were prejudicial; and (4) their sentences are excessive.

FACTS

Appellants were partners in All American Studios, a mail order business distributing sexually explicit magazines and brochures. Postal inspectors, using pseudonyms, or dered and…

2Cases cited38 opinions

  1. Miller v. CaliforniaSupreme Court of the United States · 1973
  2. United States v. TuckerSupreme Court of the United States · 1972
  3. Abel v. United StatesSupreme Court of the United States · 1960
  4. Lo-Ji Sales, Inc. v. New YorkSupreme Court of the United States · 1979
  5. Heller v. New YorkSupreme Court of the United States · 1973

33 more not listed; retrieve them via the Exa API.

3Cited by58 opinions

  1. Old Chief v. United StatesSupreme Court of the United States · 1997
  2. United States v. Kenneth Joe Whitten, John Elmer Gaiefsky, Jack Wayne Gish, Richard Lawrence ShimelCourt of Appeals for the Ninth Circuit · 1983
  3. United States v. Jerry ButlerCourt of Appeals for the Seventh Circuit · 1995
  4. United States v. Steven Angelo WardCourt of Appeals for the Tenth Circuit · 1992
  5. United States v. Cleotha Johnson, Reginald Johnson, Also Known as Fats, Dwight Johnson, S.T. Cross, Jr., and Regina RamseyCourt of Appeals for the Seventh Circuit · 1994

53 more not listed; retrieve them via the Exa API.

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