U.S. Court of Appeals for the Ninth Circuit, 1972

United States v. David Alan Duarte

U.S. Court of Appeals for the Ninth Circuit · Decided September 19, 1972 · Chambers, Barnes, Moore

469 F.2d 90; 1972 U.S. App. LEXIS 7508 (Federal Reporter, Second Series)

Counsel

Stephen Adams (argued), of Adams & Adams, San Francisco, Cal., for defendant-appellant., Chester G. Moore, III, Asst. U. S. Atty. (argued), Frederic F. Tilton, Asst. U. S. Atty., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Cases that cite this one

2 later published cases cite this decision.

United States of America, and v. Leslie Robert Malone, And (9th Cir. 1974)
United States v. John Walter Ossa (9th Cir. 1973)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

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

We find that the board clerk in ordering defendant to report for induction did not usurp the function of the board. The board was entitled to proceed pursuant to Local Board Memorandum No. 106. When Duarte’s notice to report for a pre-induction physical examination went out, it was accompanied by a notice that failure to report would result in a notice to report for induction. The first notice clearly was a board act. The clerk later followed through in a ministerial way. Hence the clerk did not supersede the board. See United States v. Shunk, 438 F.2d 1204 (9 Cir. 1971).

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