United States of America, Plaintiff and Appellee, v. David Russell Robinson, Appellant, 435 F.2d 555 (9th Cir. 1971)

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US Court of Appeals for the Ninth Circuit - 435 F.2d 555 (9th Cir. 1971)

January 7, 1971

Appeal from the United States District Court for the Central District of California; William P. Gray, Judge.

Clark A. Barrett (argued), San Mateo, Cal., for appellant.

J. Kent Steele (argued), Asst. U. S. Atty., Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Los Angeles, Cal., for appellee.

Before CHAMBERS, MERRILL and KILKENNY, Circuit Judges.


The judgment of conviction is affirmed. Differences from United States v. Stark, 9 Cir., 418 F.2d 901, are not consequential.

Also, we find Chernekoff v. United States, 9 Cir., 219 F.2d 721, relied upon by appellant, to be of no help. In Chernekoff (our requirement on induction that the inductee be ordered to step forward) the service had violated its own definite regulation.

Here Robinson himself deprived the hospital of an opportunity to direct him to do any certain work.