Legal Opinion
United States v. Gardiner
District Court, E.D. New York
Decided January 21, 1970No. 69-CR-356PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, District Judge.
Upon completion of his non-jury trial for failure to submit to induction (50 U.S.C. App. § 462(a)), defendant moves for judgment of acquittal. For the reasons below, decision must be reserved and the matter remanded to the Selective Service System for further consideration, while this Court retains jurisdiction.
I. FACTS
Defendant, Charles Edward Gardiner, registered with his local Selective Service board in 1962. At that time, he made no claim to conscientious objector status. Until August, 1966, he was classified II-S, as a student. Although a…
2Cases cited22 opinions
- Witmer v. United StatesSupreme Court of the United States · 1955
- Falbo v. United StatesSupreme Court of the United States · 1944
- United States v. David Arthur GeareyCourt of Appeals for the Second Circuit · 1966
- United States v. Richard Secor Corliss, United States of America v. Fred August Heise, United States of America v. Walter HeroldCourt of Appeals for the Second Circuit · 1960
- David Bruce Miller v. United StatesCourt of Appeals for the Ninth Circuit · 1967
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3Cited by3 opinions
- Kulas v. LairdDistrict Court, E.D. New York · 1970
- United States v. O'ROURKEDistrict Court, S.D. New York · 1972
- United States ex rel. O'Neill v. NeffDistrict Court, W.D. Pennsylvania · 1971