United States v. Marvin Miller

This is an obscenity case tried by the court without a jury. Special findings of fact were waived. Only the defendant Marvin Miller appealed. As to Covi-na Publishing Inc., this panel has made an order dismissing any purported appeal for lack of jurisdiction, since no notice of appeal was filed by Covina.

A series of sentences was imposed on appellant Miller. There were two sets or series of counts, and on each count of which Miller was convicted, a sentence of one year was imposed. The sentences on Counts 1, 3, 4, 6, 8, 9, 11, 13 and 14 were made to run concurrently. The sentences on the second series of counts, 18, 19, 20, 21, 22 and 24, were also made to run concurrently. The judgment then provided that the second series of sentences should run consecutive to the first series of sentences. Thus, the sentence was a two-year term. A separate fine of $1,500.00 was imposed on each count, making a total of $22,500.00.

All of the counts charged a violation of 18 U.S.C. § 1461 , mailing obscene matter. All of the first series of counts except No. 14 allege the mailing of obscene, lewd, indecent, lascivious and filthy advertisements. Count 14 alleges the mailing of an advertisement…