United States v. Richard Victor Ponto, United States of America v. Raymond J. Grochowski

KERNER, Circuit Judge.

A

United States of America v.

Richard Victor Ponto

The defendant, Richard Ponto, was indicted for refusing to submit to indue*659tion into the Armed Forces. 50 U.S.C. App. § 462. Prior to trial, the district court granted the defendant’s motion “to dismiss the indictment or for a directed judgment of acquittal.” The government appealed.

A three-judge panel of this court, one judge dissenting, ruled that the government did not possess the authority to appeal under 18 U.S.C. § 37311 and dismissed the case for lack of appellate jurisdiction. United States v. Ponto, 454 F.2d 647…