United States of America, Plaintiff and Appellee, v. Joseph Anthony Davis, Appellant, 447 F.2d 1376 (9th Cir. 1971)
Annotate this CaseRehearing Denied September 13, 1971
Appeal from the United States District Court for the Central District of California.
Daniel Kannlen (argued), Somers & Kallen, Santa Monica, Cal., for appellant.
Elgin Edwards, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.
Before CHAMBERS and KILKENNY, Circuit Judges, and POWELL, District Judge.
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.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
