UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JAMES MELVIN CARMACK, DEFENDANT-APPELLANT
HATCHETT, Circuit Judge.
The June 26, 1990 opinion in this case is hereby vacated, and the following corrected opinion is substituted.
The sole issue in this case is whether 18 U.S.C. § 1461 declares unlawful the receipt of obscene material through the mails for private use.
Although this is a question of first impression in the Eleventh Circuit, the Ninth and Sixth Circuits have rejected the contention that persons who order and receive obscene materials through the mails and possess them for private use do not violate the statute. United States v. Hurt, 795 F. 2d 765 (9th Cir.1986), cert. denied, 484 U.S. 816, 108 S.Ct. 69, 98 L.Ed.2d 33 (1987); United States v. Johnson, 855 F. 2d 299 (6th Cir.1988). The Ninth and Sixth Circuits held that the language “whosoever knowingly uses the mail” in 18 U.S.C. § 1461 applies to persons receiving obscene materials through the mails for personal use. Because the statute’s intent is to punish for the use of the mails, not the mere possession of obscene materials, we join the Sixth and Ninth Circuits in holding that the statute reaches persons who order obscene materials for personal use, and thus cause the mails to be used for delivery of those materials.
Accordingly, we affirm the district court’s convictions and judgments.
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Kussmaul, 987 F.2d 345 (6th Cir. 1993)…use of the mails, ... we join the Sixth and Ninth Circuits in holding that the statute reaches persons who order obscene materials for personal use, and thus cause the mails to be used for the delivery of those materials. United States v. Carmack, 910 F. 2d 748 (11th Cir.1990), following United States v. Johnson, 855 F. 2d 299 (6th Cir.1988) and United States v. Hurt, 795 F. 2d 765 (9th Cir.1986). The ex post facto clause in the Constitution “forbids the imposition of punishment more severe than the punis…
-
United States v. Shumway, 911 F.2d 1528 (11th Cir. 1990)…scene material. In such a case, we would have no problem concluding that a natural and probable consequence of ordering and receiving obscene material through the mail is that the material will be deposited in the mail. See United States v. Carmack, 910 F. 2d 748 (11th Cir.1990); United States v. Hurt, 795 F. 2d 765, 770 (9th Cir.1986), cert. denied, 484 U.S. 816, 108 S.Ct. 69, 98 L.Ed.2d 33 (1987); United States v. Johnson, 855 F. 2d 299, 306 (6th Cir.1988). Additional proof on the question of when the defe…
Authorities Cited
- United States v. Lasco Lavaun Hurt, 795 F.2d 765 (9th Cir. 1986)
- Norwich Eaton Pharms., Inc. v. Bowen, 484 U.S. 816 (U.S. 1987)
- Monongahela Power Co. v. Marsh, 484 U.S. 816 (U.S. 1987)
- United States v. Johnson, 855 F.2d 299 (6th Cir. 1988)