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U.S. v. SCHIFF

No. 03-16319.

379 F.3d 621 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Irwin A. SCHIFF; Cynthia Neun; Lawrence N. Cohen, aka Larry D.C. No. Cohen, individually, and all doing business as Freedom Books, www.livetaxfree.com, www.paynoincometax.com and www.ischiff.com, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2004.

Attorney(s) appearing for the Case

Michael D. Stein, Las Vegas, NV, for the appellants.

Judith A. Hagley, U.S. Department of Justice, Washington, D.C., for the appellee.

Allen Lichtenstein, ACLU of Nevada, for the amici.

Before: HUG, ALARCON, and W. FLETCHER, Circuit Judges.

HUG, Circuit Judge:

Appellants Irwin Schiff, Lawrence Cohen, and Cynthia Nuen contest the constitutionality of a preliminary injunction entered by the District of Nevada enjoining them from promoting their "zero-income" tax theories. Specifically they argue (1) that the injunction is overbroad as it relates to a book they sell, The Federal Mafia, (2) that the requirement that they give the government their customer list violates both their own and their customers...

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