United States v. Frank Robert Gilman, Jr., and Richard Joseph Martin

Frank Gilman and co-defendant Richard Martin were convicted of seven counts of mailing obscene material, 18 U.S.C. § 1461 and of one count of conspiracy, 18 U.S.C. § 371 . They argue on appeal that (1) violations of fourth amendment rights led to their conviction; (2) jury instructions were erroneous; (3) overt acts in the indictment were prejudicial; and (4) their sentences are excessive.

FACTS

Appellants were partners in All American Studios, a mail order business distributing sexually explicit magazines and brochures. Postal inspectors, using pseudonyms, or dered and received “All American” brochures and magazines on dates between January 1977 and June 1978. On July 14, 1978 San Francisco police obtained warrants to search three locations: (1) 924 Grove Street, a building housing All American’s offices (the warrant failed to mention that the building was also a residential dwelling); (2) a nearby garage; and (3) Attic Self-Storage, where Gilman rented storage space under a false name. The warrant for 924 Grove Street authorized seizure of certain magazines, a film and business records.

Police searched the three locations, including residential apartments in the 924 Grove…