United States v. Leo Jacobs

Leo Jacobs appeals from his conviction, after a jury trial, on all eight counts of an indictment charging him with using the United States mails for carrying advertisements for obtaining obscene photographs, and for carrying obscene photographs, all in violation of 18 U.S.C. § 1461 .

Doing business as Classic Sales, Jacobs had mailed to Ryan Williams, Portland, Oregon, four packets containing the photographs in question. They showed nude or semi-nude women in suggestive poses. The packets also contained advertisements, with accompanying order forms, soliciting further sales.

As part of his defense that his materials did not transcend the limits of community candor and tolerance, Jacobs proffered several exhibits, all of which were rejected by the trial court. Defendant argues that the court erred in excluding these exhibits.

Defendant’s exhibits Al-2 are copies of the Danish “magazine” Exciting. Jacobs copied the photographs that he sent through the mail from these publications. The trial court rejected these exhibits because defendant failed to produce expert foundation testimony as to the redeeming social value of the photographs contained in these publications. Jacobs’…