United States v. Somers

DECISION and ORDER

MYRON L. GORDON, District Judge.

The defendant has moved to dismiss the indictment in this matter on the grounds that it does not state facts sufficient to constitute an offense against the United States and, further, on the grounds that the Selective Service Act, under which this prosecution is brought, is unconstitutional.

This court has recently denied similar motions in United States v. Nilson, (E.D.Wis., decided February 23, 1971) and United States v. Pluim, 323 F.Supp. 164 (E.D.Wis., decided February 8, 1971).

I believe that the indictment against Mr. Somers is legally…