Alvin Friend v. United States

260 F.2d 359, 1958 U.S. App. LEXIS 3098

• Court: Court of Appeals for the Sixth Circuit
• Decided: October 22, 1958
• Docket: 13515_1
• Status: Published

Opinion

PER CURIAM.

This case came on to be heard on appeal from a judgment of conviction and sentence entered in the United States District Court, at which hearing appellant presented an oral argument by his attorney in addition to a printed brief and appendix. The government made no appearance by the United States Attor ney, but filed a written statement, confessing error, in which the government takes the position that the evidence of record is insufficient to support the conclusion that a waiver in writing, executed by the appellant of his claim to 1-0 Classification, was executed with full awareness of his rights and status; and that “the evidence does not exclude the possibility that the appellant was denied procedural due process by a Department of Justice representative.”

The judgment of the United States District Court is accordingly reversed; and the cause is remanded for further administrative proceedings in conformity with all lawful requirements.