United States v. David Alan Duarte
United States v. David Alan Duarte
469 F.2d 90; 1972 U.S. App. LEXIS 7508
(Federal Reporter, Second Series)
United States v. David Alan Duarte
Opinion
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).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.