Opinion
No. 83-5152.
February 18, 1986.
Charles C. Lee, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.
T.J. Pantaleo, Eric S. Engel, Pantaleo Kudon, Los Angeles, Cal, for defendant-appellant.
Appeal from the United States District Court for the Central District of California; Manuel L. Real, Chief Judge.
Before BROWNING, Chief Judge, KENNEDY and ALARCON, Circuit Judges.
ORDER
Minor was convicted of violations of 17 U.S.C. § 506(a), 18 U.S.C. § 2314, and 18 U.S.C. § 371. We affirmed. United States v. Minor, 756 F.2d 731 (9th Cir. 1985) (per curiam), but stayed the mandate pending disposition by the Supreme Court of Dowling v. United States, 84-589, involving Minor's co-defendant, Paul Dowling. The Court reversed Dowling's connection under 18 U.S.C. § 2314, holding the statute does not apply to the interstate transportation of "bootleg" phonorecords manufactured and distributed without the consent of the copyright owners. Dowling v. United States, ___ U.S. ___, 105 S.Ct. 3127, 87 L.Ed.2d 152 (1985). The Court then granted certiorari in this case, vacated our judgment, and remanded for reconsideration in light of Dowling, ___ U.S. ___, 106 S.Ct. 401, 88 L.Ed.2d 353 (1985). On the basis of Dowling, we reverse Minor's conviction for violation of § 2314 (counts 8 and 9). We affirm his conviction on the remaining counts for the reasons stated in our original opinion.