U.S. Court of Appeals for the Ninth Circuit, 1971

United States of America, and v. David Russell Robinson

United States of America, and v. David Russell Robinson
U.S. Court of Appeals for the Ninth Circuit · Decided January 7, 1971 · Chambers, Merrill, Kilkenny
435 F.2d 555 (Federal Reporter, Second Series)

United States of America, and v. David Russell Robinson

Opinion

PER CURIAM:

The judgment of conviction is affirmed. Differences from United States v. Stark, 9 Cir., 418 F.2d 901, are not consequential.

Also, we find Chernekoff v. United States, 9 Cir., 219 F.2d 721, relied upon by appellant, to be of no help. In Chernekoff (our requirement on induction that the inductee be ordered to step forward) the service had violated its own definite regulation.

Here Robinson himself deprived the hospital of an opportunity to direct him to do any certain work.

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