John Wesley Battiste v. United States

In an earlier opinion, Battiste v. United States, 5th Cir. 1969, 409 F.2d 910, this Court affirmed appellant’s conviction for refusal to submit to induction into the armed forces. Subsequently, the Supreme Court decided Gutknecht v. United States, 1970, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532, which holds that Selective Service regulations providing for acceleration of induction because of delinquency status are illegal. In light of Gutknecht, the Supreme Court vacated the judgment of this Court in the case at bar and remanded it for reconsideration. After requesting additional briefs and…