United States Fifth Circuit

Defendant's conviction for transportation of obscene materials in interstate commerce for sale or distribution and mail fraud is affirmed over his challenge to the constitutionality of a statute of conviction and a claim of erroneous denial of a motion to suppress. However, his sentence is vacated pursuant to a Booker challenge.

Appellate Information

• Decided 03/14/2006
• Published 03/14/2006

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, Bruce A. Taylor, U.S. Dept. of Justice, Crim. Div., Washington, DC, for U.S., John J. Fahle, III, Carter & Fahle, San Antonio., TX, for Coil.