United States v. Henry Scott

Fourth Circuit

United States v. Henry Scott

424 F.2d 285, 1970 U.S. App. LEXIS 9863

CourtCourt of Appeals for the Fourth Circuit

DecidedApril 9, 1970

Docket13951_1

StatusPublished

Cited by5 cases

This text of 424 F.2d 285 (United States v. Henry Scott) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth 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. Henry Scott, 424 F.2d 285, 1970 U.S. App. LEXIS 9863 (4th Cir. 1970).

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Opinion

PER CURIAM:

In this Selective Service case, after conviction of failure to report for physical examination and failure to report for induction, the defendant contends venue was in Southern District of New York, where the defendant then resided, rather than in the District of South Carolina, where he was registered and where he was instructed to report. While he could have obtained permission to report in New York and, had he refused to be inducted after reporting there, venue would have been in New York, this defendant did nothing. His default was in his failure to report in South Carolina, and the proceedings were required to be instituted in that District. Johnston v. United States, 351 U.S. 215, 76 S.Ct. 739, 100 L.Ed. 1097.

We have considered the other contentions on appeal and find them without merit.

Affirmed.

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PER CURIAM:

In this Selective Service case, after conviction of failure to report for physical examination and failure to report for induction, the defendant contends venue was in Southern District of New York, where the defendant then resided, rather than in the District of South Carolina, where he was registered and where he was instructed to report. While he could have obtained permission to report in New York and, had he refused to be inducted after reporting there, venue would have been in New York, this defendant did nothing. His default was in his failure to report in South Carolina, and the proceedings were required to be instituted in that District. Johnston v. United States, 351 U.S. 215, 76 S.Ct. 739, 100 L.Ed. 1097.

We have considered the other contentions on appeal and find them without merit.

Affirmed.

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Bluebook (online)

424 F.2d 285, 1970 U.S. App. LEXIS 9863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-henry-scott-ca4-1970.

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