United States v. William Richard Minor

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 conviction under 18 U.S.C. § 2314, holding the statute does not apply to the interstate transportation of “bootleg” phonorecords manufactured *155 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.