United States v. Donald Bruce McGarva

BY THE COURT:

ORDER IN COMPLIANCE WITH MANDATE OF UNITED STATES SUPREME COURT

By our prior opinion in this case, United States v. McGarva, 5 Cir. 1972, 453 F.2d 918, we affirmed McGarva’s conviction for willfully failing and refusing to submit to induction into the armed forces of the United States, in violation of Section 462, Title 50, Appendix, United States Code. On May 30, 1972, the Supreme Court vacated our judgment in this case, and remanded it to us “for reconsideration in light of the position presently asserted by the Government”. McGarva v. United States, 1972, 406 U.S. 341, 92 S.Ct.…