UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ROBERT E. COTE, DEFENDANT-APPELLANT
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The court held that the statute prohibiting the mailing of obscene materials is constitutional and that the defendant's guilty plea was valid.
Robert E. Cote pled guilty to mailing obscene materials in violation of 18 U.S.C. § 1461. He appealed his conviction, arguing the materials were not o…
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PER CURIAM:
Robert E. Cote pled guilty to four counts of mailing obscene films, magazines and circulars in violation of 18 U.S.C. § 1461. On this appeal he seeks to have his pleas and the judgment of the court below set aside, contending that the mailed materials were not obscene as a matter of law and that 18 U.S.C. § 1461 is unconstitutional. We affirm.
At the outset we reject as without merit his attack on the validity of the statute. That his argument based on Stanley v. Georgia, 394 U.S. 557, 89 S.Ct. 1243, 22 L.Ed.2d 542 (1969), has no merit is made apparent by the more recent decisions of United States v. Thirty-seven Photographs, 402 U.S. 363, 91 S.Ct. 1400, 28 L.Ed.2d 822 (1971), and United States v. Reidel, 402 U.S. 351, 91 S.Ct. 1410, 28 L.Ed.2d 813 (1971). Nor is the statute subject to attack under the other numerous theories advanced by the appellant. See Ginzburg v. United States, 383 U.S. 463, 86 S.Ct. 942, 16 L.Ed.2d 31; reh. den. 384 U.S. 934, 86 S.Ct. 1440, 16 L.Ed.2d 536 (1966).
Cote’s remaining contention that the mailed material is not obscene as a matter of law is equally without merit. While represented by retained counsel unusually experienced in these matters, Cote pled guilty. Thus, he admitted each and every averment of the indictment. United States v. Fragus, 422 F. 2d 1244, opinion supplemented 428 F. 2d 1211 (5th Cir. 1970). We further note that at the time this plea was received, the careful trial judge pointed out that it was his opinion such a plea would finally and completely determine the issue of obscenity vel non of the material.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Forrest Wayne Clicque v. United States, 514 F.2d 923 (5th Cir. 1975)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Stanley v. Georgia, 394 U.S. 557 (U.S. 1969)
- United States v. Thirty-Seven (37) Photographs (Luros, 402 U.S. 363 (U.S. 1971)
- Ginzburg v. United States, 383 U.S. 463 (U.S. 1966)
- United States v. Reidel, 402 U.S. 351 (U.S. 1971)
- United States v. Fragus, 422 F.2d 1244 (5th Cir. 1970)
- United States v. Fragus, 428 F.2d 1211 (5th Cir. 1970)
- O'Connor v. United States, 384 U.S. 934 (U.S. 1966)
- Mishkin v. New York, 384 U.S. 934 (U.S. 1966)