Legal Opinion

Frederic Wayne Etcheverry v. United States

Court of Appeals for the Ninth Circuit

Decided July 11, 1963No. 18465_1PublishedCited by 30 opinions

1Opinion of the Court

BROWNING, Circuit Judge.

The only issues raised by appellant on this appeal from his conviction of violating the Universal Military Training and Service Act, 50 U.S.C.A. Appendix § 462, concern the constitutionality of the Act. These issues have been resolved against appellant by prior decisions of this Court, binding upon us.

Appellant asserts that peacetime conscription is beyond the power conferred upon Congress by Article I, Section 8 of the Constitution, and that it deprives appellant of his liberty in violation of the Fifth Amendment; appellant distinguishes Arver v. United States, 245…

2Cases cited4 opinions

  1. Selective Draft Law CasesSupreme Court of the United States · 1918
  2. George v. United StatesCourt of Appeals for the Ninth Circuit · 1952
  3. Richter v. United StatesCourt of Appeals for the Ninth Circuit · 1950
  4. Arthur Parisette Clark v. United StatesCourt of Appeals for the Ninth Circuit · 1956

3Cited by30 opinions

  1. Michael Waldo Simmons v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  2. In Re Rule 9.331, Etc.Supreme Court of Florida · 1982
  3. Elliott Ashton Welsh, II v. United StatesCourt of Appeals for the Ninth Circuit · 1969
  4. United States v. Daniel Andrew SeegerCourt of Appeals for the Second Circuit · 1964
  5. David Victor Harris v. United StatesCourt of Appeals for the Ninth Circuit · 1969

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