TaiLexi AI U.S. Case Law

United States v. Craig Malone Thomas

UNITED STATES of America, Plaintiff-Appellee, v. Craig Malone THOMAS, Defendant-Appellant

United States v. Thomas, 422 F.2d 1327 (9th Cir. 1970)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
February 9, 1970
Docket
No. 24749_1
Judges
Barnes, Browning, Per Curiam, Wright
Citations
422 F.2d 13271970 U.S. App. LEXIS 10796

Opinion — Per Curiam

PER CURIAM.

Craig Malone Thomas appeals from a judgment finding him guilty of violating 50 U.S.C.App. § 462, refusal to submit to induction. The induction order upon which he was convicted resulted from his having been processed as a “delinquent” for “failure to cooperate and complete” his Armed Forces physical examination following his classification as I-A. We reverse.

In Gutknecht v. United States, 396 U.S. 295 , 90 S.Ct. 506 , 24 L.Ed.2d 532 (dee. Jan. 19, 1970,) the delinquency regulations used here were held to be unauthorized by statute.

See also Breen v. Selective Service Local Board No. 16, 396 U.S. 460 , 90 S.Ct. 661 , 24 L.Ed.2d 653 (dec. Jan. 26, 1970). For the reasons given in Gutknecht, swpra, we hold that Thomas did not fail to exhaust his admin *1328 istrative remedies. Finally, having classified him delinquent, it must be assumed absent a showing to the contrary that the board followed the regulatory command ( 32 C.F.R. § 1642.13 ) and accelerated his induction which, in turn, affected the registrant’s substantial rights. United States v. Baker, 416 F.2d 202, 204-205 (9th Cir. 1969).

Reversed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 10 cases

View all citing references →
1970: 71971: 21972: 119702026peak 1970 · 7

Relies on it most ⓘ

  1. United States v. Daniel Leslie Brandt435 F.2d 324 (9th Cir. 1970)
  2. United States v. McClintock311 F. Supp. 1119 (N.D. Cal. 1970)
  3. United States v. Peter Arthur Fox454 F.2d 593 (9th Cir. 1972)
  4. United States v. Larry Nolan Dobie444 F.2d 417 (4th Cir. 1971)
  5. United States v. Jon Mardis Pennington439 F.2d 145 (9th Cir. 1971)
  6. United States v. John Norman Stow427 F.2d 891 (9th Cir. 1970)

Most recent

  1. United States v. Peter Arthur Fox454 F.2d 593 (9th Cir. 1972)
  2. United States v. Larry Nolan Dobie444 F.2d 417 (4th Cir. 1971)
  3. United States v. Jon Mardis Pennington439 F.2d 145 (9th Cir. 1971)
  4. United States v. Daniel Leslie Brandt435 F.2d 324 (9th Cir. 1970)
  5. United States v. William Lavere Townsend431 F.2d 702 (9th Cir. 1970)
  6. United States v. Dennis Warren McQueary429 F.2d 984 (9th Cir. 1970)

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 3

DepthCaseCited by
Gutknecht v. United States, 396 U.S. 295 (1970) 164
Breen v. Selective Serv. Local Bd. No. 16, 396 U.S. 460 (1970) 148
United States v. Baker, 416 F.2d 202 (9th Cir. 1969) 41

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list