Legal Opinion

United States v. Donald Smeltz Butler

Court of Appeals for the Sixth Circuit

Decided February 8, 1968No. 17579_1PublishedCited by 10 opinions

1Opinion of the Court

O’SULLIVAN, Circuit Judge.

Appellant was sentenced to five years imprisonment for knowingly failing to report for induction into the armed forces, in violation of Title 50, U.S.C., App. §§ 456 and 462. No claim is made of any administrative unfairness or lack of procedural due process in the Selective Service Board’s rulings. Appellant admits he knowingly failed to report, and defends solely on the ground that at the time he was ordered to report for induction (February 4, 1964) the draft law was unconstitutional in that it would have deprived him of his liberty and perhaps of his life without…

2Cases cited17 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Galvan v. PressSupreme Court of the United States · 1954
  3. Selective Draft Law CasesSupreme Court of the United States · 1918
  4. Falbo v. United StatesSupreme Court of the United States · 1944
  5. United States v. MacIntoshSupreme Court of the United States · 1931

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3Cited by10 opinions

  1. Michael Waldo Simmons v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  2. United States v. Northside Realty Associates, Inc., and Ed A. IsaksonCourt of Appeals for the Fifth Circuit · 1973
  3. United States v. Danny Ray OwensCourt of Appeals for the Sixth Circuit · 1969
  4. United States v. BraniganDistrict Court, S.D. New York · 1969
  5. United States v. St. ClairDistrict Court, S.D. New York · 1968

5 more not listed; retrieve them via the Exa API.

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