United States of America, Plaintiff and Appellee, v. Joseph Anthony Davis, Appellant

United States Court of Appeals, Ninth Circuit. - 447 F.2d 1376

Aug. 12, 1971, Rehearing Denied Sept. 13, 1971

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:

1

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

2

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.

3

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.

4

The mandate will issue now.