Mounce v. United States, 15083.
| Decision Date | 11 September 1957 |
| Docket Number | No. 15083.,15083. |
| Citation | 247 F.2d 148 |
| Parties | Mervin MOUNCE, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
C. C. Rowan, Spokane, Wash., for appellant.
William B. Bantz, U. S. Atty., and William M. Tugman, Asst. U. S. Atty., Spokane, Wash., for appellee.
Before DENMAN, Chief Judge, and POPE and CHAMBERS, Circuit Judges.
We are in agreement with Judge Driver's opinion that the standard to be applied in determining whether or not publications are obscene within the meaning of § 1305(a) of Title 19 U.S. C.A.
We find no error in the trial court's findings of fact, based upon its application of this standard to the facts established by the record in this case. We adopt Judge Driver's opinion as the opinion of the court. United States v. 4200 Copies International Journal, D.C., 134 F.Supp. 490, 493.
The constitutional questions which appellant has raised in this court and which were not discussed in the opinion of the district court have been foreclosed by the decision of the Supreme Court in Roth v. United States, 77 S.Ct. 1304.
The judgment is affirmed.
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