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United States v. William E. McKee

UNITED STATES of America, Appellee, v. William E. McKEE, Appellant

United States v. McKee, 446 F.2d 974 (4th Cir. 1971)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
July 12, 1971
Docket
No. 14063
Judges
Haynsworth, Craven, Butzner
Citations
446 F.2d 9741971 U.S. App. LEXIS 9011

Opinion — Per Curiam

PER CURIAM:

William E. McKee, convicted of refusing to submit to induction, appeals on the grounds that his draft board failed to consider his application for classification as a conscientious objector. McKee requested reclassification as a conscientious objector for the first time after his induction order had been issued.

* The Supreme Court has held that a registrant whose conscientious objection crystallizes only after his induction notice is mailed has no right to have his classification reopened, and that he must submit his claim through military channels. Ehlert v. United States, 402 U.S. 99 , 91 S.Ct. 1319 , 28 L.Ed.2d 625 (1971). The decision in Ehlert is controlling here. The judgment is Affirmed.

* We find no merit in McKee’s claim that the board by granting his request for transfer of the place of induction invalidated the induction order. 32 C.F.R. §§ 1632.2 (d), 1632.9(g).

How later courts describe this case

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

1971: 11972: 119712026peak 1971 · 1

Relies on it most ⓘ

  1. United States v. Jenkins349 F. Supp. 1068 (E.D.N.Y. 1972)
  2. Gerson Grosfeld v. Dr448 F.2d 1004 (4th Cir. 1971)

Most recent

  1. United States v. Jenkins349 F. Supp. 1068 (E.D.N.Y. 1972)
  2. Gerson Grosfeld v. Dr448 F.2d 1004 (4th Cir. 1971)

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 1

DepthCaseCited by
Ehlert v. United States, 402 U.S. 99 (1971) 307

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