Legal Opinion

United States v. Jon Mardis Pennington

Court of Appeals for the Ninth Circuit

Decided May 11, 1971No. 24355PublishedCited by 7 opinions

1Per curiam

Pennington was declared a delinquent and ordered to report for induction. He refused to be inducted, and was tried and convicted. The subsequent decision in Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532 (1970), held the delinquency regulations unlawful.

Whether a registrant is prejudiced by a declaration of delinquency depends upon whether the registrant’s delinquency status accelerated his order of induction. On appeal, therefore, a case tried prior to Gutknecht presents three possibilities. (1) The record may show that the induction order was accelerated. If so,…

2Cases cited10 opinions

  1. Gutknecht v. United StatesSupreme Court of the United States · 1970
  2. United States v. Craig Malone ThomasCourt of Appeals for the Ninth Circuit · 1970
  3. United States v. John Norman StowCourt of Appeals for the Ninth Circuit · 1970
  4. Henry Duval Gregory IV v. United StatesCourt of Appeals for the Ninth Circuit · 1970
  5. United States of America, and v. Joseph Anthony DavisCourt of Appeals for the Ninth Circuit · 1970

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. United States v. Christian Winslow HaydenCourt of Appeals for the Ninth Circuit · 1971
  2. United States v. Peter Arthur FoxCourt of Appeals for the Ninth Circuit · 1972
  3. United States v. Hubert Hall Irvin, Jr.Court of Appeals for the Ninth Circuit · 1971
  4. United States v. Larry Nolan DobieCourt of Appeals for the Fourth Circuit · 1971
  5. United States of America, and v. Joseph Anthony DavisCourt of Appeals for the Ninth Circuit · 1971

2 more not listed; retrieve them via the Exa API.

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