Robert Andre v. Stanley R. Resor, Secretary of the Army

Ninth Circuit

Robert Andre v. Stanley R. Resor, Secretary of the Army

443 F.2d 921, 1971 U.S. App. LEXIS 9653

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 11, 1971

Docket26319

StatusPublished

Cited by10 cases

This text of 443 F.2d 921 (Robert Andre v. Stanley R. Resor, Secretary of the Army) 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

Robert Andre v. Stanley R. Resor, Secretary of the Army, 443 F.2d 921, 1971 U.S. App. LEXIS 9653 (9th Cir. 1971).

Pincite

Opinion

PER CURIAM:

The order of the United States District Court, directing that a writ of habeas corpus issue, is affirmed. 1

Robert Andre, the petitioner-appellee, is presently serving in the armed forces of the United States pursuant to a Selective Service Board order to report for induction, based upon the delinquency regulations appearing in 32 CFR part 1642, which purport to vest a Board with power to accelerate induction of delinquent registrants.

But those regulations, to the extent they provided for such induction, lacked legislative authorization. Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532 (1970). Hence the Board’s order was void and petitioner is entitled to his discharge.

The mandate shall issue forthwith.

1

. A habeas action will lie. See Breen v. Selective Service Board, 396 U.S. 460, 90 S.Ct. 661, 24 L.Ed.2d 653 (1970).

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