United States v. James Chalmers Clemence, II

U.S. Court of Appeals for the Ninth Circuit
United States v. James Chalmers Clemence, II, 460 F.2d 320 (9th Cir. 1972)
1972 U.S. App. LEXIS 10192

United States v. James Chalmers Clemence, II

Opinion

PER CURIAM:

In this prosecution for refusing induction [50 U.S.C. App. § 462], appellant relies primarily on his claim that there was no basis in fact for the local board’s classifying him I-A in the face of evidence of medical disability. The medical evidence did not clearly present a prima facie case for exemption; but if it did, the finding of acceptability by the examining center provides a basis for the classification in this case.

The trial court properly refused to redetermine appellant’s other claims. United States v. Shunk, 438 F.2d 1204 (9th Cir. 1971); United States v. Brunges, 450 F.2d 947 (9th Cir. 1971); and Ehlert v. United States, 402 U.S. 99, 91 S.Ct. 1319, 28 L.Ed.2d 625 (1971).

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. James Chalmers CLEMENCE, II, Defendant-Appellant
Cited By
1 case
Status
Published