United States v. Carl Dennis Cutting and Barry Daniel Still

538 F.2d 835 UNITED STATES of America, Plaintiff-Appellee, v. Carl Dennis CUTTING and Barry Daniel Still, Defendants-Appellants. No. 71-2570. United States Court of Appeals, Ninth Circuit. June 16, 1976. Burton C. Jacobson (argued), Beverly Hills, Cal., for defendants-appellants. W. Michael Mayock, Asst. U. S. Atty. (argued), Los Angeles, Cal., for plaintiff-appellee. OPINION Before CHAMBERS, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE, SNEED and KENNEDY, Circuit Judges. TRASK, Circuit Judge: 1 Cutting and Still appeal their convictions, following jury verdicts of guilty, for mailing obscene matter and for mailing advertisements for obscene matter in violation of 18 U.S.C. § 1461 . Cutting was convicted on 12 separate counts; Still was convicted on 11. Each was fined separately on each count, and each was given concurrent sentences of three years' probation on all counts of which he was convicted. I. 2 The material involved here concerns sample photographs with some description, two advertisements (counts 14 and 15) containing printed material but unaccompanied by photographs, and one reel of motion picture film. Cutting's convictions on…