United States v. William L. Hamling, William L. Hamling v. United States

Appellants were convicted in December 1971 for mailing and conspiring to mail obscene matter in violation of 18 U.S.C. §§ 2 , 371, & 1461. This court affirmed the convictions in June 1973, and the opinion fully sets forth the evidence. 481 F.2d 307 . The Supreme Court granted certiorari, 414 U.S. 1143 , 94 S.Ct. 893 , 39 L.Ed.2d 97 , and affirmed the convictions in June 1974, 418 U.S. 87 , 94 S.Ct. 2887 , 41 L.Ed.2d 590 .

Appellants subsequently made three motions in the district court. They sought: (1) a new trial, on the basis of newly discovered evidence; (2) dismissal of the indictment; and (3) modification or suspension of their sentences. The district judge who presided at the original trial denied each of these motions. We affirm his rulings.

The alleged newly discovered evidence consists of affidavits and supporting surveys showing that community standards for printed material in the San Diego area were more tolerant than the national standards considered at trial. One of the surveys, supporting the affidavit of Professor Jack Haberstroh of San Diego State University, was conducted prior to trial by one of his students, a Ms. Carlsen. Defendants unsuccessfully…