United States v. David B. Troutman

The Supreme Court by a per curiam decision and order dated February 24, 1970, granted certiorari on our judgment affirming defendant’s conviction for failure to report for induction in violation of 50 U.S.C.A. App. § 462. The Supreme Court vacated our judgment and remanded the case to us for consideration in light of Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532, decided subsequent to our affirming opinion.

It clearly appears from our opinion reported at 410 F.2d 810 that defendant at the time he was ordered to report for induction was over twenty-six years of age.…