James Robert Flenghi v. United States

Ninth Circuit

James Robert Flenghi v. United States

416 F.2d 404, 1969 U.S. App. LEXIS 12298

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 22, 1969

Docket22990

StatusPublished

This text of 416 F.2d 404 (James Robert Flenghi v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

James Robert Flenghi v. United States, 416 F.2d 404, 1969 U.S. App. LEXIS 12298 (9th Cir. 1969).

Pincite

Opinion

PER CURIAM:

The government concedes that the Local Board erred when it failed either to forward to the Appeal Board Selective Service System form 109, certifying that the defendant was enrolled as a full-time student, or to recall defendant’s file from the Appeal Board for reopening. The government also concedes that as a result of this failure no consideration was given to the fact reflected in the certificate prior to the issuance of the order to report for induction.

We cannot agree with the government’s contention that the omission was harmless because information received after the defendant refused to submit to induction indicated that the form 109 may have been erroneously issued.

Reversed.

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PER CURIAM:

The government concedes that the Local Board erred when it failed either to forward to the Appeal Board Selective Service System form 109, certifying that the defendant was enrolled as a full-time student, or to recall defendant’s file from the Appeal Board for reopening. The government also concedes that as a result of this failure no consideration was given to the fact reflected in the certificate prior to the issuance of the order to report for induction.

We cannot agree with the government’s contention that the omission was harmless because information received after the defendant refused to submit to induction indicated that the form 109 may have been erroneously issued.

Reversed.

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Bluebook (online)

416 F.2d 404, 1969 U.S. App. LEXIS 12298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-robert-flenghi-v-united-states-ca9-1969.