United States of America, Appellee, v. Robert Lee Davis, Defendant-appellant, 390 F.2d 879 (2d Cir. 1968)
Annotate this CaseDecided March 6, 1968
Appeal from a judgment of the United States District Court for the District of Connecticut, Robert C. Zampano, Judge.
Robert Lee Davis appeals from a judgment entered after a non-jury trial convicting him of willfully failing to comply with an order to report for and submit to an Armed Forces physical and mental examination, in violation of 50 App. U.S.C. Section 462(a). 279 F. Supp. 920. Affirmed.
John Cassidento, Asst. U. S. Atty., New Haven, Conn. (Jon O. Newman, U. S. Atty. for District of Connecticut, New Haven, Conn., on the brief), for appellee.
Ira B. Grudberg, New Haven, Conn. (Jacobs, Jacobs, Grudberg & Clifford, New Haven, Conn., on the brief), for defendant-appellant.
Before MEDINA, MOORE and ANDERSON, Circuit Judges.
PER CURIAM.
We affirm on the opinion of Judge Zampano below, 279 F.Sup. 920 (D. Conn. 1967). We merely add that United States v. Stepler, 258 F.2d 310 (3rd Cir. 1958), which is relied upon by appellant, is distinguishable principally because it involved unlawful action on the part of a Draft Board in classifying a registrant.
Affirmed.
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