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UNITED STATES v. GUARINO

No. 81-1301.

729 F.2d 864 (1984)

UNITED STATES of America, Appellee, v. Kenneth GUARINO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 28, 1984.

Attorney(s) appearing for the Case

Herald Price Fahringer, New York City, for Kenneth Guarino and Imperial Distributors, Inc.

William E. Seekford, Towson, Md., on brief for Little Book Shops, Inc., Anthony DiBona, and Gemini Enterprises, Inc.

John F. Sheehan, Portland, Me., on brief for Edward Miguel, Gloria Osborne, and Joseph Renzi, Jr.

Nelson S. Baker, Boston, Mass., on brief for defendant-appellant.

Maurice R. Flynn, III, Asst. U.S. Atty., Boston, Mass., with whom William F. Weld, U.S. Atty., and Gary S. Katzmann, Asst. U.S. Atty., Boston, Mass., were on brief, for appellee.

Before CAMPBELL, Chief Judge, ALDRICH, COFFIN, BOWNES and BREYER, Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

Defendants were convicted of transporting obscene matter in interstate commerce for the purpose of sale, 18 U.S.C. § 1465, and for conspiracy, 18 U.S.C. § 371. The convictions were affirmed by a divided panel and subsequently their appeals were heard en banc. We reverse.

On the morning of February 28, 1978, F.B.I. special officer Gilligan presented to a U.S. magistrate his four-page affidavit requesting a warrant...

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