United States v. James J. Pazsint

James Pazsint was convicted of forcibly assaulting a federal officer with the use of a deadly or dangerous weapon in violation of 18 U.S.C. § 111 . He appeals, contending, inter alia, that he was convicted of an offense not charged in the indictment and that there was error in the jury instructions and in the admission of certain evidence. Finding merit in these contentions, we reverse.

FACTS

On the morning of February 9, 1982, in Anchorage, Alaska, Joseph A. Skeete, an Internal Revenue Service agent assigned to call on delinquent taxpayers, went to the home of James and Holly Pazsint to make inquiry regarding the Pazsints’ tax returns. Mrs. Pazsint, who was over eight months pregnant, opened the door and spoke with Skeete while he remained outside. Skeete identified himself and showed his credentials, stating that he had come to discuss income tax matters. Mrs. Pazsint replied that her husband took care of such matters and that Skeete would have to talk with him. The agent attempted to question Mrs. Pazsint about her own income in the years 1979 and 1980, but she refused to reply and again referred him to her husband. Skeete gave her his business card and asked her to have Mr.…