Samuel Gold, Howard Guy Halbett, John Frank Fusco v. United States

Appellant Gold was convicted of knowingly using a common carrier for the carriage in interstate commerce of obscene film in violation of 18 U.S.C. section 1462 and of conspiring to commit that offense in violation of 18 U.S.C. section 371 . Appellants Fusco and Halbett were convicted only of the conspiracy charge. We affirm.

Evidence presented to the jury showed that special agents of the Federal Bureau of Investigation maintained a surveillance during business hours of the premises of the Eastern Film Laboratories in Henderson, Nevada, for several days in October and November, 1965. During this time the special agents observed appellants Gold and Halbett entering and leaving the premises on various occasions.

On November 3, 1965, appellants Gold and Halbett arrived at the film laboratory in a Cadillac automobile. At approximately 2:40 p. m. they were observed loading five cartons into the Cadillac. After the cartons were loaded, Gold and Halbett were seen driving off together. At approximately 3:20 p. m. the vehicle and Gold alone were observed at the United Airlines freight dock at Mc-Carran Field, Las Vegas, Nevada. Gold was then observed to deliver the five cartons to a…