FILED
NOT FOR PUBLICATION OCT 06 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-35135
Petitioner - Appellee, D.C. No. 2:08-cv-00095-CI
v.
MEMORANDUM *
JOHN J. SCHLABACH,
Respondent - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Fred Van Sickle, District Judge, Presiding
Submitted September 22, 2010 **
Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.
The district court did not clearly err by granting the petition because John
Schlabach (“Schlabach”) failed to rebut the government’s showing that the
summons was issued in good faith. See Stewart v. United States, 511 F.3d 1251,
1254-55 (9th Cir. 2008) (taxpayer’s heavy burden to show abuse of process or lack
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
09-35135
of good faith once government makes prima facie showing summons was issued in
good faith).
Schlabach’s remaining contentions are unpersuasive.
AFFIRMED.
2 09-35135