UNITED STATES v. JOHNSON

No. CR 75-265.

424 F.Supp. 631 (1976)

UNITED STATES of America, Plaintiff, v. Stamm F. JOHNSON, Defendant.

United States District Court, D. Oregon.

October 12, 1976.


Attorney(s) appearing for the Case

Sidney I. Lezak, U. S. Atty., Charles H. Turner, Asst. U. S. Atty., D. Or., Portland, Or., for plaintiff.

Phil M. Kelley of Steiner & Kelley, Laurence L. Janke, Portland, Or., for defendant.


OPINION

SKOPIL, District Judge:

BACKGROUND

This is a prosecution under 26 U.S.C. § 7212(b) for forcible rescue of property seized by the Internal Revenue Service ("IRS"). Defendant, Stamm F. Johnson, concedes that he violated the statute. He asserts as his defense the unconstitutionality of the underlying IRS seizure, which was accomplished pursuant to 26 U.S.C. § 6331.

The defendant is a member of the Oregon State Bar. He specializes...

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