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

United States of America, and v. Randall J. Westfall

U.S. Court of Appeals for the Ninth Circuit · Decided September 13, 1971 · Chambers, Weick, Carter

447 F.2d 1375 (Federal Reporter, Second Series)

Opinion

PER CURIAM:

The judgment of conviction is affirmed in this selective service case.

We reject the contention that the conviction which occurred on March 16, 1971, has abated because of the provisions of Section 17(c) of the Military Selective Service Act of 1967 (50 U.S.C. App. § 467).

We are not sure that use of 1 U.S.C. section 109 is necessary. But if so, it is our view that the section would preserve the conviction.

The mandate will issue forthwith.

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