U.S. Court of Appeals for the Ninth Circuit, 1973

United States v. Robert Deming Spencer, Jr.

U.S. Court of Appeals for the Ninth Circuit · Decided January 5, 1973 · Hamley, Merrill, Per Curiam, Schnacke

473 F.2d 1009; 1973 U.S. App. LEXIS 12307 (Federal Reporter, Second Series)

Counsel

Alan Saltzman, Hollywood, Cal., for defendant-appellant., William D. Keller, U. S. Atty., Leslie E. Osborne, Jr., Eric A. Nobles, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Cases that cite this one

5 later published cases cite this decision.

TAXPAYERS ASSN. OF WEYMOUTH TP. INC. v. Weymouth Tp. (N.J. 1976)
Taxpayers Ass'n of Weymouth Township, Inc. v. Weymouth Township (N.J. 1976)
Taxpayers Ass'n v. Weymouth Township (N.J. 1976)
Cannon v. US Acoustics Corporation (District Court, N.D. Illinois 1975)
Ivy Steel and Wire Co., Inc. v. City of Jacksonville (United States District Court for the Middle District of Florida 1975)

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:

Robert Deming Spencer, Jr., appeals from his conviction for failure to report for induction, in violation of 50 U.S.C. App. § 462.

Spencer advances three arguments for reversal. We determine each of them against him, as follows: (1) In our opinion the evidence was sufficient to show his criminal intent to fail to report for induction on the designated day; (2) the provisions of the Selective Service Act which limit induction to men between the ages of eighteen and a half years and twenty-six years of age did not deprive defendant of the'equal protection of the laws or due process of law. See Smith v. United States, 424 F.2d 267, 268 (9th Cir. 1970); (3) the argument that inductees are denied due process of law by being required to engage in a war “which is not authorized by law” was likewise rejected in Smith, supra, 424 F.2d at 268, 269.

Affirmed.

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