United States of America v. John J. Schlabach

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
09-35135
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Petitioner - Appellee,
v.
JOHN J. SCHLABACH,
Respondent - Appellant.
No. 09-35135
D.C. No. 2:08-cv-00095-CI
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Fred Van Sickle, District Judge, Presiding
Submitted September 22, 2010**
Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.
The district court did not clearly err by granting the petition because John
Schlabach (“Schlabach”) failed to rebut the government’s showing that the
summons was issued in good faith. See Stewart v. United States, 511 F.3d 1251,
1254-55 (9th Cir. 2008) (taxpayer’s heavy burden to show abuse of process or lack
FILED
OCT 06 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-35135 2
of good faith once government makes prima facie showing summons was issued in
good faith).
Schlabach’s remaining contentions are unpersuasive.
AFFIRMED.

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