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James Campbell v. United States

James CAMPBELL, Appellant, v. UNITED STATES of America, Appellee

Campbell v. United States, 396 F.2d 1 (5th Cir. 1968)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
May 31, 1968
Docket
No. 25085
Judges
Tuttle, Dyer, Mehrtens
Citations
396 F.2d 11968 U.S. App. LEXIS 6698

Opinion — Per Curiam

PER CURIAM:

Appellant was convicted for failure to obey an order of his local selective service board to report for civilian work in lieu of induction into the armed forces of the United States. Although appellant took no administrative appeal from the board’s decision, he urges that the draft board procedure denied him certain constitutional rights, including the right to counsel, right against self-incrimination, and right to confrontation of witnesses. We affirm because “all of appellant’s contentions are foreclosed by his failure to exhaust administrative remedies.” DuVernay v. United States, 5 Cir. 1968, 394 F.2d 979 . Appellant’s final assertion, that the government failed to prove that he was called to civilian service in proper sequence, is foreclosed by our recent decisions in Pigue v. United States, 5 Cir. 1968, 389 F.2d 765 ; Lowe v. United States, 5 Cir. 1968, 389 F.2d 51 ; Greer v. United States, 5 Cir. 1967, 378 F.2d 931 .

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1968: 11969: 71970: 11972: 11973: 119682026peak 1969 · 7

Relies on it most ⓘ

  1. Collier v. Roth434 S.W.2d 502 (Mo. 1968)
  2. Thomas Darrell Camp v. United States413 F.2d 419 (5th Cir. 1969)
  3. United States v. Michael Leon Davis413 F.2d 148 (4th Cir. 1969)
  4. United States v. Fred Harris Brooks415 F.2d 502 (6th Cir. 1969)
  5. Marc Belding Anderson v. General Lewis B. Hershey, National Director, Selective Service System410 F.2d 492 (6th Cir. 1969)
  6. United States v. Branigan299 F. Supp. 225 (S.D.N.Y. 1969)

Most recent

  1. United States v. Robert Edward Johnson476 F.2d 1251 (5th Cir. 1973)
  2. Robert J. Crowley v. Peter P. Pierce, Jr., as State Director of Selective Service461 F.2d 614 (5th Cir. 1972)
  3. Simuel Brent Schutz, Jr. v. United States422 F.2d 991 (5th Cir. 1970)
  4. United States v. Fred Harris Brooks415 F.2d 502 (6th Cir. 1969)
  5. United States v. Michael Leon Davis413 F.2d 148 (4th Cir. 1969)
  6. Thomas Darrell Camp v. United States413 F.2d 419 (5th Cir. 1969)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Greer v. United States, 378 F.2d 931 (5th Cir. 1967) 48
Duvernay v. United States, 394 F.2d 979 (5th Cir. 1968) 38
Lowe v. United States, 389 F.2d 51 (5th Cir. 1968) 23
Pigue v. United States, 389 F.2d 765 (5th Cir. 1968) 7

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