United States v. Dobie, 14236.
| Decision Date | 29 July 1970 |
| Docket Number | No. 14236.,14236. |
| Citation | 429 F.2d 32 |
| Parties | UNITED STATES of America, Appellee, v. Larry Nolan DOBIE, Appellant. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Louis Ellenson, Newport News (court-appointed counsel), on brief for appellant.
Roger T. Williams, Asst. U. S. Atty., for appellee.
Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.
The judgment of conviction for refusing to report for induction into the armed forces is vacated and the case remanded to the District Court for an evidentiary hearing to determine whether Dobie's order to report for induction was illegally accelerated by reason of delinquency. Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532 (1970).
On remand the Government will have the burden of showing that the induction order was not made out of the order of call.
So Ordered.
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CASSELBERRY v. United States, Civ. A. No. 70-C-144-R.
...petitioner's local Selective Service Board. The petitioner has not submitted any rebutting materials or affidavits. In United States v. Dobie, 429 F.2d 32 (4th Cir. 1970) the United States Court of Appeals for the Fourth Circuit vacated a conviction for failure to report for induction in th......