United States v. Walter Dachsteiner

Dachsteiner was convicted on 17 counts of mailing obscene matter under 18 U.S.C. § 1461 . He was sentenced to 18 months imprisonment on each count, the sentences to run concurrently, and fined $2,500 on the first count alone. Dachsteiner appeals and we affirm.

Dachsteiner challenges his conviction primarily on three grounds. First, he argues that the trial court committed prejudicial error when it instructed the jury to determine obscenity according to national standards. Second, he claims that the advertisement that formed the basis for the first count of his conviction is not obscene because it does not portray sexual activity. Third, he contends that the government did not introduce sufficient evidence of obscenity.

I. The Instructions on National Standards of Obscenity

Since Dachsteiner’s conviction was on appeal at the time Miller v. California, 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 (1973) and United States v. 12 200-ft. Reels of Film, 413 U.S. 123 , 93 S.Ct. 2665 , 37 L.Ed.2d 500 (1973), were decided, he may obtain the benefit of the new standards of obscenity established by these cases. Hamling v. United States, 418 U.S. 87, 100 , 94 S.Ct. 2887 , 41…