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

United States of America, and v. Joseph Anthony Davis

United States of America, and v. Joseph Anthony Davis
U.S. Court of Appeals for the Ninth Circuit · Decided September 13, 1971 · Chambers, Kilkenny, Per Curiam, Powell
447 F.2d 1376 (Federal Reporter, Second Series)

United States of America, and v. Joseph Anthony Davis

Opinion

PER CURIAM:

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

Davis contends that the implication of Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532, and other cases require a finding here that induction was accelerated because of his delinquency. On the record, we think not.

United States v. Davis (9th Cir. 1970), 432 F.2d 1009; Misenhimer v. United States (9th Cir. July 22, 1971) 71-1384; and United States v. Pennington (9th Cir. 1971), 439 F.2d 145, require affirmance. We find United States v. Dobie, 444 F.2d 417 (4th Cir., 1971) distinguishable.

The mandate will issue now.

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