U.S. v. Oaks, No. 74-1571

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBefore WRIGHT and GOODWIN; GOODWIN
Citation508 F.2d 1403
Parties75-1 USTC P 9157 UNITED STATES of America, Appellee, v. Terrence Dean OAKS, Appellant.
Decision Date24 December 1974
Docket NumberNo. 74-1571

Page 1403

508 F.2d 1403
75-1 USTC P 9157
UNITED STATES of America, Appellee,
v.
Terrence Dean OAKS, Appellant.
No. 74-1571.
United States Court of Appeals, Ninth Circuit.
Dec. 24, 1974.

Page 1404

John W. Hornbeck, Deputy Federal Public Defender (argued), Los Angeles, Cal., for appellant.

Lawrence Campbell, Asst. U.S. Atty. (argued), Los Angeles, Cal., for appellee.

Before WRIGHT and GOODWIN, Circuit Judges, and SCHWARTZ, 1 district judge.

OPINION

GOODWIN, Circuit Judge:

Terrence Dean Oaks appeals from a conviction for willfully failing to file an income tax return for 1971 and willfully supplying a false withholding certificate in violation of 26 U.S.C. 7203, 7205. We remand for an evidentiary hearing.

Oaks failed to file an income tax return for 1971 despite earnings of $7,890.24. On July 13, 1971, Oaks filed a withholding exemption certificate with his employer claiming 15 dependents even though he had, as he later admitted, no such number of dependents.

Oaks attempted to justify his failure to comply with the revenue laws on the basis of an elaborate monetary theory. He allegedly believed that he had not earned 'dollars,' since 'dollars,' under the Constitution and certain Supreme Court decisions, could only mean paper currency fully redeemable in gold or silver.

Oaks sought to publicize his theory in the political arena. From February until June of 1972, he ran, unsuccessfully, in the Republican primary for the Fourth District of the California State Assembly. His platform was based on the issue of legal tender. He received publicity in the Los Angeles Times by paying his filing fee with 384 silver half-dollars.

Oaks contends that he was selected for prosecution solely because he protested publicly against federal tax policies. While we express no opinion upon this issue, the law in this circuit requires the district court, upon a proper offer of proof, to allow Oaks to present evidence, if any, that he has been singled out for discriminatory prosecution.

In United States v. Steele, 461 F.2d 1148 (9th Cir. 1972), we held that a policy of selective prosecution which purposefully discriminates against persons choosing to exercise their First Amendment rights is impermissible. The defendants in Steele were able to demonstrate such discrimination by showing that, while the government must have been aware of other violations, it chose to prosecute only those offenders who had publicized their opposition to the census laws. Compare...

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45 practice notes
  • US v. Bradley, Crim. No. 1:CR-92-200-01
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • May 3, 1994
    ...facts to take the question past the frivolous state, United States v. Erne, 576 F.2d 212 (9th Cir.1978), United States v. Oaks, 508 F.2d 1403, 1404 (9th Cir.1974), and raises a reasonable doubt as to the prosecutor's purpose. United States v. Peskin, 527 F.2d 71, 86 (7th Cir.1975); United S......
  • Murgia v. Municipal Court
    • United States
    • United States State Supreme Court (California)
    • September 24, 1975
    ...group for performing the same function.' (343 U.S. at p. 69--70, 73 S.Ct. at p. 527.) 9 See, e.g., United States v. Oaks (9th Cir. 1974) 508 F.2d 1403; United States v. Berrios (2d Cir. 1974) 501 F.2d 1207; United States v. Berrigan, supra, 482 F.2d 171; United States v. Falk (7th Cir. 1973......
  • Attorney General of U.S. v. Irish People, Inc., No. 81-1035
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 30, 1980
    ...v. Peskin, 527 F.2d 71, 85-86 (7th Cir. 1975), cert. denied, 429 U.S. 818, 97 S.Ct. 63, 50 L.Ed.2d 79 (1976); United States v. Oaks, 508 F.2d 1403, 1404 (9th Cir. 1974); United States v. Berrios, 501 F.2d 1207, 1211-12 (2d Cir. 1974); United States v. Berrigan, 482 F.2d 171, 177 (3d Cir. 19......
  • U.S. v. Washington, Nos. 82-1591
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 15, 1983
    ...of the ultimate issue of whether the defendant actually committed the crimes for which she was charged. See United States v. Oaks, 508 F.2d 1403, 1404-05 (9th Cir.1974). In this respect, a ruling on selective prosecution is similar to a ruling on whether outrageous government involvement in......
  • Request a trial to view additional results
45 cases
  • US v. Bradley, Crim. No. 1:CR-92-200-01
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • May 3, 1994
    ...facts to take the question past the frivolous state, United States v. Erne, 576 F.2d 212 (9th Cir.1978), United States v. Oaks, 508 F.2d 1403, 1404 (9th Cir.1974), and raises a reasonable doubt as to the prosecutor's purpose. United States v. Peskin, 527 F.2d 71, 86 (7th Cir.1975); United S......
  • Murgia v. Municipal Court
    • United States
    • United States State Supreme Court (California)
    • September 24, 1975
    ...group for performing the same function.' (343 U.S. at p. 69--70, 73 S.Ct. at p. 527.) 9 See, e.g., United States v. Oaks (9th Cir. 1974) 508 F.2d 1403; United States v. Berrios (2d Cir. 1974) 501 F.2d 1207; United States v. Berrigan, supra, 482 F.2d 171; United States v. Falk (7th Cir. 1973......
  • Attorney General of U.S. v. Irish People, Inc., No. 81-1035
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 30, 1980
    ...v. Peskin, 527 F.2d 71, 85-86 (7th Cir. 1975), cert. denied, 429 U.S. 818, 97 S.Ct. 63, 50 L.Ed.2d 79 (1976); United States v. Oaks, 508 F.2d 1403, 1404 (9th Cir. 1974); United States v. Berrios, 501 F.2d 1207, 1211-12 (2d Cir. 1974); United States v. Berrigan, 482 F.2d 171, 177 (3d Cir. 19......
  • U.S. v. Washington, Nos. 82-1591
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • April 15, 1983
    ...of the ultimate issue of whether the defendant actually committed the crimes for which she was charged. See United States v. Oaks, 508 F.2d 1403, 1404-05 (9th Cir.1974). In this respect, a ruling on selective prosecution is similar to a ruling on whether outrageous government involvement in......
  • Request a trial to view additional results

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