United States v. Kelly

MEMORANDUM AND ORDER

FULLAM, District Judge.

Defendant is charged with having violated the Military Selective Service Act of 1967, 50 App. U.S.C. §§ 453, 462 (1970), by failing to register for the draft. He has moved under Fed.R. Crim.P. 12 to dismiss the indictment on four grounds:

1. Since defendant did register, after his indictment, there is no public interest in continuing the prosecution;

2. Since defendant supplied to the government all essential information needed for registration, by means of a letter to the United States Attorney’s office, he should be regarded as having registered;

3.…