United States Third Circuit

District court's dismissal of an indictment against defendant and striking down of statutes criminalizing the commercial distribution of obscene materials is reversed where applicable Supreme Court precedent has repeatedly upheld the constitutionality of federal statutes regulating the distribution of obscenity.

Appellate Information

• Argued 10/19/2005
• Decided 12/08/2005
• Published 12/08/2005

Judges

• Before: SMITH, STAPLETON, and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Mary Beth Buchanan (Argued), Office of United States Attorney, Pittsburgh, PA, Christine A. Sanner, Office of United States Attorney, Erie, PA, for Appellant.


• For Appellees:
  
• H. Louis Sirkin (Argued), Jennifer M. Kinsley, Sirkin, Penales, Schwartz, Cincinnati, OH, for Appellees.