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United States v. Gidmark

United States Court of Appeals, Ninth Circuit
Apr 29, 1971
440 F.2d 773 (9th Cir. 1971)

Opinion

No. 26253.

April 8, 1971. Rehearing Denied April 29, 1971.

Nathan R. Zahm (argued), of Somers, Fox Kallen, Santa Monica, Cal., for defendant-appellant.

Robert C. Bonner, Asst. U.S. Atty. (argued), Robert L. Meyer, U.S. Atty., David R. Nissen, Chief, Crim. Div., J. Kent Steele, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS, WRIGHT and TRASK, Circuit Judges.


Gidmark appeals from his conviction for failure to report for induction into the armed services in violation of 50 U.S.C. App. § 462.

Appellant's sole contention is that the Thirteenth Amendment's prohibition against involuntary servitude precludes requiring him to serve in the armed services.

His contention is frivolous. In an unbroken line of cases the courts have held that conscription for military service or civilian work in lieu thereof does not constitute involuntary servitude. Arver v. United States, 245 U.S. 366, 38 S.Ct. 159, 62 L.Ed. 349 (1918); Jones v. Perkins, 245 U.S. 390, 38 S.Ct. 166, 62 L.Ed. 358 (1918); O'Connor v. United States, 415 F.2d 1110 (9th Cir. 1969) and cases cited.

We affirm the conviction and order the mandate to issue forthwith.


Summaries of

United States v. Gidmark

United States Court of Appeals, Ninth Circuit
Apr 29, 1971
440 F.2d 773 (9th Cir. 1971)
Case details for

United States v. Gidmark

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. David John GIDMARK…

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 29, 1971

Citations

440 F.2d 773 (9th Cir. 1971)

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