US v. McDowell, 06-10818
A conviction and sentence for aiding and abetting the mailing of obscene material is vacated where, despite being reviewed only for a manifest miscarriage of justice, the government failed to show defendant possessed the mens rea necessary to aid or abet the violation of 18 U.S.C. section 1461.
- Decided 08/24/2007
- Published 08/27/2007
- RHESA HAWKINS BARKSDALE, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and BARKSDALE, Circuit Judges.
- United States Fifth Circuit
- For Appellees:
- Vijay Shanker (argued), U.S. Dept. of Justice, Richard Dennis Green, U.S. Dept. of Justice, Criminal Div., Washington, DC, Linda C. Groves, Dallas, TX, for Plaintiff-Appellee., F. Clinton Broden (argued), Broden & Mickelsen, Dallas, TX, for Defendant-Appellant.