United States v. Davis

Decision Date13 September 1971
Docket NumberNo. 26415.,26415.
Citation447 F.2d 1376
PartiesUNITED STATES of America, Plaintiff and Appellee, v. Joseph Anthony DAVIS, Appellant.
CourtU.S. Court of Appeals — Ninth Circuit

Daniel Kannlen (argued), Somers & Kallen, Santa Monica, Cal., for appellant.

Elgin Edwards, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS and KILKENNY, Circuit Judges, and POWELL, District Judge.

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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5 cases
  • U.S. v. Travers
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 16 Diciembre 1974
    ...United States v. Fox, 454 F.2d 593 (9 Cir. 1971), or whether the panel that had held the contrary in Davis' case, United States v. Davis, 447 F.2d 1376 (9 Cir. 1971), cert. denied, 405 U.S. 933, 92 S.Ct. 939, 30 L.Ed.2d 809 (1972), was correct in ruling Gutknecht to be distinguishable, as M......
  • Davis v. United States 8212 1454
    • United States
    • U.S. Supreme Court
    • 10 Junio 1974
    ...because of his delinquency status and that Gutknecht therefore did not affect his conviction.9 On appeal, the Court of Appeals affirmed. 447 F.2d 1376. While Davis' subsequent petition for certiorari was pending in this Court, the Court of Appeals for the Ninth Circuit decided United States......
  • U.S. v. Bonnette, 84-6168
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • 7 Enero 1986
    ...district court, after conducting a hearing, decided that Gutnecht did not affect Davis' conviction. The Ninth Circuit affirmed. 447 F.2d 1376 (9th Cir.1971). Davis had petitioned the Supreme Court for certiorari when the Ninth Circuit decided United States v. Fox, 454 F.2d 593 (9th Cir.1971......
  • United States v. Fox, 71-1917.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • 18 Febrero 1972
    ...439 F.2d 145. In Davis, the trial judge on remand found that there had been no acceleration, and we then affirmed. United States v. Davis, 9 Cir., 1971, 447 F.2d 1376. We also affirmed a similar finding in an unreported decision, United States v. Misenhimer, No. 71-1384, July 22, 1971. Howe......
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