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  • United States v. Larry Nolan Dobie, 429 F.2d 32, 4th Cir. (1970)

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    The United States Court of Appeals vacated Larry Nolan Dobie's conviction for refusing to report for military induction and remanded the case to the district court to hold an evidentiary hearing. The purpose of the hearing is to determine if Dobie's induction order was illegally accelerated due to his delinquency status. On remand, the government has the burden of proving that Dobie's induction order was not made out of the regular order of call.

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    Filed: 1970-07-29 Precedential Status: Precedential Citations: 429 F.2d 32 Docket: 14236

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    The United States Court of Appeals vacated Larry Nolan Dobie's conviction for refusing to report for military induction and remanded the case to the district court to hold an evidentiary hearing. The purpose of the hearing is to determine if Dobie's induction order was illegally accelerated due to his delinquency status. On remand, the government has the burden of proving that Dobie's induction order was not made out of the regular order of call.

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    United States v. Larry Nolan Dobie, 429 F.2d 32, 4th Cir. (1970)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals vacated Larry Nolan Dobie's conviction for refusing to report for military induction and remanded the case to the district court to hold an evidentiary hearing. The purpose of the hearing is to determine if Dobie's induction order was illegally accelerated due to his delinquency status. On remand, the government has the burden of proving that Dobie's induction order was not made out of the regular order of call.

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    of 1

    429 F.

    2d 32

    UNITED STATES of America, Appellee,


    v.
    Larry Nolan DOBIE, Appellant.
    No. 14236.

    United States Court of Appeals, Fourth Circuit.


    July 29, 1970.

    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.
    PER CURIAM.

    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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