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Redmond v. United States

U.S.
May 23, 1966
384 U.S. 264 (1966)

Summary

In Redmond, a husband and wife were convicted of violating the federal obscenity statute by having mailed undeveloped, and received through the mails, the developed film of each other posing in the nude.

Summary of this case from Heath v. United States

Opinion

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT.

No. 1056.

Decided May 23, 1966.

Solicitor General's motion to vacate and remand with instructions to dismiss information granted, based on ground that federal obscenity statute violation charged against petitioners, a married couple who sent allegedly obscene private correspondence through the mail in circumstances which were not aggravated, contravened Government's prosecutorial policy.

Certiorari granted; 355 F.2d 446, vacated and remanded to the District Court.

John Jay Hooker, Jr., for petitioners.

Solicitor General Marshall for the United States.


The petition for certiorari is granted. The Court of Appeals for the Sixth Circuit affirmed the conviction of petitioners, husband and wife, under an information charging them with violating the federal obscenity statute, 18 U.S.C. § 1461 (1964 ed.), by having mailed undeveloped films of each other posing in the nude to an out-of-state firm for developing, and having received through the mails the developed negatives and a print of each.

In response to the certiorari petition, the Solicitor General has filed a motion requesting that the judgment of the Court of Appeals for the Sixth Circuit be vacated and the cause remanded to the District Court with directions to dismiss the information. The ground of the motion is that "the initiation of the instant prosecution was not in accord with policies which had previously been formulated within the Department [of Justice] for the guidance of United States Attorneys." The policies referred to are set forth in a memorandum to United States Attorneys, dated August 31, 1964. The memorandum states, in pertinent part, that prosecution for mailing private correspondence which is allegedly obscene "should be the exception confined to those cases involving repeated offenders or other circumstances which may fairly be characterized as aggravated." The Solicitor General states that there are no such exceptional circumstances warranting a prosecution of petitioners: "They were not repeated offenders. They had no record of involvement with obscene materials or sex-related offenses and no apparent opportunity for close association with young people. No other aggravating circumstance appears to be present."

In consideration of the premises and upon an independent examination of the record filed in this Court, the motion is granted. The judgment of the Court of Appeals is accordingly vacated, the cause is remanded to the District Court, and that court is directed to dismiss the information. See Petite v. United States, 361 U.S. 529.

It is so ordered.

MR. JUSTICE STEWART, with whom MR. JUSTICE BLACK and MR. JUSTICE DOUGLAS concur, would reverse this conviction, not because it violates the policy of the Justice Department, but because it violates the Constitution.


Summaries of

Redmond v. United States

U.S.
May 23, 1966
384 U.S. 264 (1966)

In Redmond, a husband and wife were convicted of violating the federal obscenity statute by having mailed undeveloped, and received through the mails, the developed film of each other posing in the nude.

Summary of this case from Heath v. United States

In Redmond the Court granted a motion filed by the Solicitor General to dismiss an information upon which a conviction of defendants had been affirmed for violation of the federal obscenity statutes, 18 U.S.C. § 1461.

Summary of this case from Nader v. Kleindienst

In Redmond v. United States, 384 U.S. 264, 86 S.Ct. 1415, 16 L.Ed.2d 521 (1966), the Court recognized the authority of the Attorney General to refuse to prosecute certain classes of violators in accordance with a delineated policy.

Summary of this case from Nader v. Kleindienst

In Redmond v. United States, 1966, 384 U.S. 264, 86 S.Ct. 1415, 16 L.Ed.2d 521, the Court vacated a judgment of conviction for violating the mails statute on motion of the Solicitor General because the prosecution there for mailing private correspondence containing allegedly obscene matter was not in accordance with Department of Justice policies. Justices Stewart, Black and Douglas concurred, "not because [this conviction] violates the policy of the Justice Department, but because it violates the Constitution."

Summary of this case from United States v. New Orleans Book Mart, Inc.

In Redmond v. United States, 384 U.S. 264, 86 S.Ct. 1415, 16 L.Ed.2d 521 (1966), the Court granted certiorari and at the same time granted the Solicitor General's motion that the case be remanded for eventual dismissal on the ground that the initiation of the prosecution was not in accord with policies formulated within the Department of Justice which were stated in a memorandum to United States Attorneys, dated August 31, 1964.

Summary of this case from United States v. Watson
Case details for

Redmond v. United States

Case Details

Full title:REDMOND ET UX. v . UNITED STATES

Court:U.S.

Date published: May 23, 1966

Citations

384 U.S. 264 (1966)
86 S. Ct. 1415

Citing Cases

Cox v. United States

There is no evidence that appellants intended that their correspondence be other than private or that the…

United States v. Watson

United States v. Redmond (6 Cir. 1966) 355 F.2d 446, reached the Supreme Court on May 28, 1966. In Redmond v.…