United States v. Lynn Roy Higgins

On Remand From the United States Supreme Court

This court on October 9,1969, 416 F.2d 406, affirmed the judgment of conviction entered in the United States District Court for the Western District of New York against the appellant for failure to report for and submit to induction into the armed forces in violation of 50 U.S.C. App. § 462(a). Subsequently the Supreme Court of the United States granted certiorari, 398 U.S. 279, 90 S.Ct. 1729, 26 L.Ed.2d 233 and after considering the case vacated the judgment of this court and remanded the case for further consideration in the light of Gutknecht…