Opinion · Court of Appeals for the Second Circuit

United States v. Davis

390 F.2d 879

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1968-03-06
Topic
litigation

PER CURIAM. We affirm on the opinion of Judge Zampano below, 279 F.Supp. 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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Cited by
2 opinions
UNITED STATES v. DAVIS,390 F.2d 879(2nd Cir. 1968)
UNITED STATES of America, Appellee, v. Robert Lee DAVIS,
Defendant-Appellant.
No. 247, Docket 31400.
United States Court of Appeals, Second Circuit.
Argued January 22, 1968.
Decided 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 of50 App. U.S.C. § 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. Supp. 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.Page 880Page 11