PRYBA v. U. S.,
419 U.S. 1127 (1975)

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U.S. Supreme Court

PRYBA v. U. S. , 419 U.S. 1127 (1975)

419 U.S. 1127

Dennis Eugene PRYBA
No. 74-335.

Supreme Court of the United States

January 20, 1975

On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit.

The petition for a writ of certiorari is denied.

Mr. Justice BRENNAN, with whom Mr. Justice STEWART and Mr. Justice MARSHALL join, dissenting.

Petitioner was convicted in the United States District Court for the District of Columbia of transporting obscene films in interstate commerce in violation of 18 U.S.C. 1462 and of possessing such films with intent to distribute in violation of 22 D.C.Code 2001. The Court of Appeals for the District of Columbia Circuit affirmed. 502 F.2d 391 (1974). 18 U.S.C. 1462 provides in pertinent part:

    'Whoever brings into the United States, or any place subject to the jurisdiction thereof, or knowingly uses any express company or other

    Page 419 U.S. 1127 , 1128

    common carrier, for carriage in interstate or foreign commerce--

    '(a) any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character; or . . .
    'Whoever knowingly takes from such express company or other common carrier any matter or thing the carriage of which is herein made unlawful--
    'Shall be fined not more than $5,000 or imprisoned not more than five years, or both, for the first such offense and shall be fined not more than $10,000 or imprisoned not more than ten years, or both, for each such offense thereafter.'

22 D.C.Code 2001 provides in pertinent part:

    '(a)(1) It shall be unlawful in the District of Columbia for a person knowingly--
    '(A) to sell, deliver, distribute, or provide, or offer or agree to sell, deliver, distribute, or provide any obscene, indecent, or filthy writing, picture, sound recording, or other article or representation; . . .
    '(E) to create, buy, procure, or possess any matter described in the preceding subparagraphs of this paragraph with intent to disseminate such matter in violation of this subsection; . . .
    '(e) A person convicted of violating subsection (a) or (b) of this section shall for the first offense be fined not more than $3,000 or imprisoned not more than one year, or both. A person convicted of a second or subsequent offense under subsection (a) or (b) of this section shall be fined not less than [419 U.S. 1127 , 1129]

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