United States v. David John Gidmark

Ninth Circuit

United States v. David John Gidmark

440 F.2d 773

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 29, 1971

Docket26253_1

StatusPublished

Cited by4 cases

This text of 440 F.2d 773 (United States v. David John Gidmark) 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

United States v. David John Gidmark, 440 F.2d 773 (9th Cir. 1971).

Pincite

Opinion

*774 PER CURIAM:

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.

Free access — add to your briefcase to read the full text and ask questions with AI