Lenhard v. United States

Decision Date27 March 1972
Docket NumberNo. 71-5840,71-5840
Citation405 U.S. 1013,31 L.Ed.2d 477,92 S.Ct. 1296
PartiesLeslie John LENHARD v. UNITED STATES
CourtU.S. Supreme Court

On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit.

In his Memorandum for the United States in response to the petition for a writ of certiorari in this case, filed February 1, 1972, the Solicitor General asserted a position different from that previously asserted by the United States in the United States Court of Appeals for the Second Circuit. We, therefore, grant the petition, vacate the judgment of the Court of Appeals and remand the case to that court for consideration in light of the position now asserted by the Solicitor General.

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18 cases
  • United States v. Wainscott
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • April 25, 1974
    ...the Supreme Court has not expressly decided the issue before us, it vacated a judgment of conviction in Lenhard v. United States, 405 U.S. 1013, 92 S.Ct. 1296, 31 L.Ed.2d 477 (1972), and remanded the case for consideration in the light of a memorandum of the Solicitor General that addressed......
  • United States v. Stewart
    • United States
    • U.S. Court of Appeals — Second Circuit
    • April 25, 1973
    ...recent decisions in Joseph v. United States, 405 U.S. 1006, 92 S.Ct. 1274, 31 L.Ed.2d 473 (1972), and in Lenhard v. United States, 405 U.S. 1013, 92 S.Ct. 1296, 31 L.Ed.2d 477 (1972). In Lenhard, which went to the Supreme Court from this Circuit, the local board had, without stating any rea......
  • United States v. Holby
    • United States
    • U.S. Court of Appeals — Second Circuit
    • April 18, 1973
    ...invalidated the classification. A statement to the same effect was also made by the Solicitor General in Lenhard v. United States, 405 U.S. 1013, 92 S.Ct. 1296, 31 L.Ed.2d 477 (1972), vacating and remanding 455 F.2d 1406 (2d Cir. 1971) on the basis of the confession of error.7 In Lenhard, t......
  • United States v. Cotton
    • United States
    • U.S. District Court — Southern District of New York
    • August 3, 1972
    ...389 (S.D.N.Y.1972); cf. United States v. Lenhard, 437 F.2d 936 (2d Cir. 1970), cert. granted, vacated and remanded 405 U.S. 1013, 92 S.Ct. 1296, 31 L.Ed.2d 477 (1972), "* * * a mere statement by the Local Board of lack of belief in sincerity, unaccompanied by any supporting detail, is not e......
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