United States v. Davis

Decided Aug. 12, 1971.

Rehearing Denied Sept. 13, 1971.

Cited by 10 later decisions (1 by the Supreme Court) — most recently January 1986

9 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-08-12

¶1Daniel Kannlen (argued), Somers & Kallen, Santa Monica, Cal., for appellant.

¶2Elgin Edwards, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

¶3Before CHAMBERS and KILKENNY, Circuit Judges, and POWELL, District Judge.

¶4PER CURIAM:

¶5The judgment of conviction in this selective service case is affirmed.

¶6Davis 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.

¶7United 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.

¶8The mandate will issue now.