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United States v. Davis

United States Court of Appeals, Ninth Circuit
Sep 13, 1971
447 F.2d 1376 (9th Cir. 1971)

Opinion

No. 26415.

August 12, 1971. Rehearing Denied September 13, 1971.

Appeal from the United States District Court for the Central District of California.

Daniel Kannlen (argued), Somers Kallen, Santa Monica, Cal., for appellant.

Elgin Edwards, Asst. U.S. Atty. (argued), Robert L. Meyer, U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS and KILKENNY, Circuit Judges, and POWELL, District Judge.


The judgment of conviction in this selective service case is affirmed.

Davis contends that the implication of Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532, and other cases require a finding here that induction was accelerated because of his delinquency. On the record, we think not.

United States v. Davis (9th Cir. 1970), 432 F.2d 1009; Misenhimer v. United States (9th Cir. July 22, 1971) 71-1384; and United States v. Pennington (9th Cir. 1971), 439 F.2d 145, require affirmance. We find United States v. Dobie, 444 F.2d 417 (4th Cir., 1971) distinguishable.

The mandate will issue now.


Summaries of

United States v. Davis

United States Court of Appeals, Ninth Circuit
Sep 13, 1971
447 F.2d 1376 (9th Cir. 1971)
Case details for

United States v. Davis

Case Details

Full title:UNITED STATES of America, Plaintiff and Appellee, v. Joseph Anthony DAVIS…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 13, 1971

Citations

447 F.2d 1376 (9th Cir. 1971)

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