United States v. George Joseph Orito

Appellant was convicted by a court sitting without a jury of knowingly receiving obscene materials from a common carrier. 18 U.S.C. § 1462 . His counsel stipulated, and rightly, that the materials involved were not protected by the First Amendment. Redrup v. New York, 386 U.S. 767 , 87 S.Ct. 1414 , 18 L.Ed.2d 515 (1967); Ginzburg v. United States, 383 U.S. 463 , 499 n. 3, 86 S.Ct. 942 , 16 L.Ed.2d 31 (Stewart, J., dissenting).

Appellant defended on the ground that, though he had received the materials, he did not know that they were obscene. The Government presented evidence to show that, a week before the offense with which he was charged, appellant had prepared and mailed to himself a shipment of similar obscene materials. In addition, three prior misdemeanor convictions for possession of obscene materials were introduced. All this was admissible under the rule that prior similar acts, whether or not criminal, are admissible to show knowledge. Asher v. United States, 394 F.2d 424 (9th Cir. 1968); Wright v. United States, 192 F.2d 595 , 13 Alaska 513 (9th Cir. 1951). There was sufficient evidence to support a finding of knowledge.

Appellant complains that the trial judge…