DOJ steps up obscenity prosecutions with "Susie's Corral" case [fs]

[Declan McCullagh <declan () well com>]

U.S. Department of Justice  United States Attorney District of Montana
P.O. Box 1478 Billings, Montana  59103406/657-6101
NEWS RELEASE
FOR IMMEDIATE RELEASEContact:William W. Mercer
                     United States Attorney for the
                     District of Montana
(406)247-4639
MONTANA MAN SENTENCED TO ONE YEAR IN PRISON FOR TRANSPORTATION OF OBSCENE 
MATERIALS
Bill Mercer, United States Attorney for the District of Montana, announced 
today that during a federal court session in Billings, on July 7, 2004, 
before U.S. District Judge Richard F. Cebull, GARY ROBINSON, a 63-year-old 
resident of Billings, appeared for sentencing.  ROBINSON was sentenced to a 
term of:
*Prison: 1 year and 1 day
*Special Assessment: $100
*Supervised Release: 3 years
*ROBINSON was sentenced in connection with his guilty plea to charges of 
transportation of obscene matters.  In the fall of 2002, while doing 
business as "Suzie's Corral," ROBINSON used the United Parcel Service to 
distribute obscene videotapes.  ROBINSON shipped the videotapes in response 
to orders placed by customers who received the "Susie's Corral" catalog 
through the United States mail.  The videotapes depicted bestiality and 
defecation.
*The Supreme Court's decision in Miller v. California, 413 U.S. 15 (1973), 
stated that material which appeals to prurient sexual desire,  is patently 
offensive, and contains no serious literary, artistic, political or 
scientific value falls outside the protection of the First Amendment right 
of free speech.  The Miller Court also stated that the standard should be 
determined on a local, rather than national, community standard.  An 
average person, applying local community standards, would find that the 
videotapes provided by ROBINSON specifically appealed to prurient sexual 
desire, were patently offensive, and contained no literary, artistic, 
political or scientific value of any kind.
*Because there is no parole in the federal system, the "truth in 
sentencing" guidelines mandate that ROBINSON will likely serve all of the 
time imposed by the court.  In the federal system, ROBINSON does have the 
opportunity to earn a sentence reduction for "good behavior."  However, 
this reduction will not exceed 15% of the overall sentence.
*The investigation was a cooperative effort between the United States 
Postal Inspection Service, the Child Exploitation and Obscenity Section of 
the United States Department of Justice and the United States Attorney's 
Office.
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