Legal Opinion

United States v. James Chalmers Clemence, II

Court of Appeals for the Ninth Circuit

Decided April 10, 1972No. 71-2778PublishedCited by 1 opinion

1Per curiam

In this prosecution for refusing induction [50 U.S.C. App. § 462], appellant relies primarily on his claim that there was no basis in fact for the local board’s classifying him I-A in the face of evidence of medical disability. The medical evidence did not clearly present a prima facie case for exemption; but if it did, the finding of acceptability by the examining center provides a basis for the classification in this case.

The trial court properly refused to redetermine appellant’s other claims. United States v. Shunk, 438 F.2d 1204 (9th Cir. 1971); United States v. Brunges, 450 F.2d 947…

2Cases cited3 opinions

  1. Ehlert v. United StatesSupreme Court of the United States · 1971
  2. United States v. Robert Allen ShunkCourt of Appeals for the Ninth Circuit · 1971
  3. United States v. Kenneth James BrungesCourt of Appeals for the Ninth Circuit · 1971

3Cited by1 opinion

  1. United States v. Louis Felipe CanteroCourt of Appeals for the Ninth Circuit · 1972

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