United States of America, and v. Joseph Anthony Davis
UNITED STATES of America, Plaintiff and Appellee, v. Joseph Anthony DAVIS, Appellant
Opinion
PER CURIAM:
The judgment of conviction in this selective service case is affirmed.
Davis contends that the implication of Gutknecht v. United States, 396 U.S. 295 , 90 S.Ct. 506 , 24 L.Ed.2d 532 , and other cases require a finding here that induction was accelerated because of his delinquency. On the record, we think not.
United States v. Davis (9th Cir. 1970), 432 F.2d 1009 ; Misenhimer v. United States (9th Cir. July 22, 1971) 71-1384; and United States v. Pennington (9th Cir. 1971), 439 F.2d 145 , require affirmance. We find United States v. Dobie, 444 F.2d 417 (4th Cir., 1971) distinguishable.
The mandate will issue now.
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