United States v. Jeffrey Lynn Robinson

I concur in Judge Weis’ opinion except to the extent that it remands for a new trial on the second count. On that count I would remand for the entry of a judgment of acquittal. The majority opinion resolves the issue left open by the majority opinion in United States v. Clark, 468 F.2d 708 (3d Cir. 1972). As I indicated, in dissenting in Clark, I believe the Supreme Court’s interpretation in Toussie v. United States, 397 U.S. 112, 90 S.Ct. 858, 25 L.Ed.2d 156 (1970) of 50 U.S.C.App. § 453, prohibits a construction of that statute which would make failure to 'report for induction pursuant to…