UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
DAVID ALAN DUARTE, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
DAVID ALAN DUARTE, DEFENDANT-APPELLANT
469 F.2d 90
United States Court of Appeals for the Ninth Circuit (1972)
Positive Treatment
Cited by 4 cases
Opinion of the Court
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).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Ossa, 470 F.2d 816 (9th Cir. 1972)
-
United States v. Malone, 496 F.2d 462 (9th Cir. 1974)
Authorities Cited
- United States v. Shunk, 438 F.2d 1204 (9th Cir. 1971)