United States v. Rothfelder
District Court, W.D. Michigan
1Opinion of the Court
OPINION AND ORDER
FOX, Chief Judge.
The defendant is charged with willful failure to report for induction into the Armed Forces of the United States in violation of 50 U.S.C.App. § 462(a). Defendant moves to dismiss on the grounds that his induction was illegal as a matter of law.
The facts of the case are undisputed. Between December 1968 and September 1969 defendant Rothfelder dropped out of college and thus lost his II-S deferment. In September 1969 he returned to college and so informed his local board. While at school he received an order to report for induction. Upon his notification, the…
2Cases cited4 opinions
- Walsh v. Local Board No. 10, Mount Vernon, New YorkDistrict Court, S.D. New York · 1969
- Francis L. McLain v. Selective Service Local Board No. 47, Etc.Court of Appeals for the Eighth Circuit · 1971
- Peller v. Selective Service Local Board No. 65District Court, N.D. Indiana · 1970
- United States v. WoodDistrict Court, D. New Hampshire · 1971
3Cited by4 opinions
- United States v. Jose Emiliano VelazquezCourt of Appeals for the Second Circuit · 1973
- United States v. Edmund Herman RothfelderCourt of Appeals for the Sixth Circuit · 1973
- United States v. CookDistrict Court, N.D. New York · 1974
- United States v. Jose Emiliano VelazquezCourt of Appeals for the Second Circuit · 1973