United States of America, and v. Joseph Anthony Davis

Ninth Circuit

United States of America, and v. Joseph Anthony Davis

447 F.2d 1376

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 13, 1971

Docket26415

StatusPublished

Cited by7 cases

This text of 447 F.2d 1376 (United States of America, and v. Joseph Anthony Davis) 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.

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United States of America, and v. Joseph Anthony Davis, 447 F.2d 1376 (9th Cir. 1971).

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Opinion

PER CURIAM:

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.

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