U.S. Court of Appeals for the Sixth Circuit, 1958

Alvin Friend v. United States

Alvin Friend v. United States
U.S. Court of Appeals for the Sixth Circuit · Decided October 22, 1958 · Simons, Martin, Thornton
260 F.2d 359; 1958 U.S. App. LEXIS 3098 (Federal Reporter, Second Series)

Alvin Friend v. United States

Opinion

PER CURIAM.

This case came on to be heard on appeal from a judgment of conviction and sentence entered in the United States District Court, at which hearing appellant presented an oral argument by his attorney in addition to a printed brief and appendix. The government made no appearance by the United States Attor *360 ney, but filed a written statement, confessing error, in which the government takes the position that the evidence of record is insufficient to support the conclusion that a waiver in writing, executed by the appellant of his claim to 1-0 Classification, was executed with full awareness of his rights and status; and that β€œthe evidence does not exclude the possibility that the appellant was denied procedural due process by a Department of Justice representative.”

The judgment of the United States District Court is accordingly reversed; and the cause is remanded for further administrative proceedings in conformity with all lawful requirements.

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