UNITED STATES v. OLIVER

No. 208-69.

421 F.2d 1034 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Rodney R. OLIVER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 6, 1970.


Attorney(s) appearing for the Case

Harold H. Parker, Albuquerque, N. M., for appellant.

Stephen L. ReVeal, Albuquerque (Victor R. Ortega, U. S. Atty., and John A. Babington, Asst. U. S. Atty., Albuquerque, N. M., on the brief), for appellee.

Before HICKEY and HOLLOWAY, Circuit Judges, and EUBANKS, District Judge.


HICKEY, Circuit Judge.

Appellant Oliver was indicted on two counts involving the rescue of property seized by virtue of a tax levy for failure to pay transportation tax.

The first count involving a threat of bodily harm to an I.R.S. agent at the time of rescue was dismissed by the trial court when the jury became deadlocked in an effort to reach a verdict.

The jury found Oliver guilty of the second count which charged that he rescued property which...

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