UNITED STATES v. FREEMAN

No. 83-3043.

761 F.2d 549 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. John L. FREEMAN, aka Alton R. Moss, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 22, 1985.

As Amended June 5, 1982.


Attorney(s) appearing for the Case

Robert E. Lindsay, Alan Hechtkopf, Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Stephen R. Sady, Portland, Or., John L. Freeman, Las Vegas, Nev., for defendant-appellant.

Before KENNEDY and NORRIS, Circuit Judges, and STEPHENS, District Judge.


KENNEDY, Circuit Judge:

Freeman was convicted on fourteen counts of aiding and abetting and counseling violations of the tax laws, an offense under 26 U.S.C. § 7206(2). Each count recited that another person had filed a false, individual tax return with Freeman's counsel, assistance, and aid. Of the various arguments on appeal, the most significant is the one based on the First Amendment. Had the court permitted the jury to consider the First Amendment defense...

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