United States of America v. John Schlabach, No. 09-35135 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS OCT 06 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Petitioner - Appellee, No. 09-35135 D.C. No. 2:08-cv-00095-CI v. MEMORANDUM * JOHN J. SCHLABACH, Respondent - Appellant. 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 * 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 of good faith once government makes prima facie showing summons was issued in good faith). Schlabach s remaining contentions are unpersuasive. AFFIRMED. 2 09-35135

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