U.S. Court of Appeals for the Second Circuit, 1972

United States v. Lenhard

U.S. Court of Appeals for the Second Circuit · Decided May 31, 1972

461 F.2d 1268 (Federal Reporter, Second Series)

Counsel

William J. Cotter, Buffalo, N. Y., for appellant., Richard J. Arcara, Asst. U. S. Atty. (C. Donald O’Connor, Acting U. S. Atty., for the W. D. N. Y., of counsel), for ap-pellee.

Cases that cite this one

1 later published case cites this decision.

United States v. Eric Marshall Nagler (2d Cir. 1973)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

We affirmed, 455 F.2d 1406, the conviction of John Leslie Lenhard for failing to report and submit to induction into the armed forces in violation of 50 U.S.C. App. § 462 (1964). In response to Lenhard’s petition for a writ of certi-orari, the Solicitor General asserted a position different from that previously advanced by the United States in this court and urged the Supreme Court to grant the petition, vacate our judgment and reverse the conviction. The Supreme Court granted the petition, vacated our judgment and remanded the case to us for consideration in light of the Solicitor General’s newly asserted position. 405 U.S. 1013, 92 S.Ct. 1296, 31 L.Ed.2d 477 (1972).

Accordingly, we reverse Lenhard’s conviction.

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