UNITED STATES v. STEELE

No. 71-2580.

461 F.2d 1148 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. William STEELE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 9, 1972.


Attorney(s) appearing for the Case

John A. Hoskins (argued), of Anthony, Waddoups, Hoddick, & Brown, Honolulu, Hawaii, for defendant-appellant.

Robert K. Fukuda, U. S. Atty. (argued), Honolulu, Hawaii, Carl W. Belcher, Peter J. McGovern, U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before BROWNING, WRIGHT and CHOY, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

After a trial to the court, appellant was convicted of violating 13 U.S.C. § 221(a)1 by refusing to answer questions on the Department of Commerce census form of 1970. The court sentenced him to pay a $50 fine. We reverse.

Steele raises several points, only two of which require discussion: (1) answering the census questions would have required him to incriminate himself, and (2) the authorities...

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