United States v. Thomas C. Pellegrino

MERRILL, Circuit Judge:

Appellant was indicted in fifteen counts for knowingly depositing, and causing to be deposited, for mailing envelopes containing obscene, lewd, indecent, lascivious and filthy advertisements in violation of 18 U.S.C. § 1461. 1 Thirteen of the fifteen counts were either dismissed prior to trial upon the Government’s motion or received judgments of acquittal from the trial court. Two counts went to the jury. Upon both appellant was convicted. The determinative question presented by this appeal is whether the material mailed was not, as a matter of constitutional law, 2…