Summary
In United States v. Dobie, 429 F.2d 32 (4th Cir. 1970) the United States Court of Appeals for the Fourth Circuit vacated a conviction for failure to report for induction in the armed forces and remanded the case for a determination whether the defendant's induction order was made out of the order of call. If it were determined in this case that the petitioner was ordered for induction out of the order of call, then his conviction would have to be set aside.
Summary of this case from Casselberry v. United StatesOpinion
No. 14236.
July 29, 1970.
Louis Ellenson, Newport News (court-appointed counsel), on brief for appellant.
Roger T. Williams, Asst. U.S. Atty., for appellee.
Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.
The judgment of conviction for refusing to report for induction into the armed forces is vacated and the case remanded to the District Court for an evidentiary hearing to determine whether Dobie's order to report for induction was illegally accelerated by reason of delinquency. Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532 (1970).
On remand the Government will have the burden of showing that the induction order was not made out of the order of call.
So Ordered.