U.S. Court of Appeals for the Fourth Circuit, 1970

United States v. Larry Nolan Dobie

United States v. Larry Nolan Dobie
U.S. Court of Appeals for the Fourth Circuit · Decided July 29, 1970 · Sobeloff, Boreman, Bryan
429 F.2d 32; 1970 U.S. App. LEXIS 7936 (Federal Reporter, Second Series)

United States v. Larry Nolan Dobie

Opinion

*33 PER CURIAM.

The judgment of conviction for refusing to report for induction into the armed forces is vacated and the case remanded to the District Court for an evidentiary hearing to determine whether Dobie’s order to report for induction was illegally accelerated by reason of delinquency. Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532 (1970).

On remand the Government will have the burden of showing that the induction order was not made out of the order of call.

So Ordered.

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