UNITED STATES OF AMERICA, PLAINTIFF AND APPELLEE,
v.
JOSEPH ANTHONY DAVIS, APPELLANT

9th Cir. | 1971-08-12
No. 26415
447 F.2d 1376 United States Court of Appeals for the Ninth Circuit (1971) Positive Treatment
Cited by 12 cases

Opinion of the Court
PER CURIAM:

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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