United States v. Holohan

OPINION

EDWARD WEINFELD, District Judge.

The defendant was indicted on April 24, 1973, and charged in two counts: (1) failure to report for an Armed Forces physical examination from June 19, 1972 to April 24, 1973;1 and (2) failure to report for induction from August 17, 1972 to April 24,1973.2

He moves to dismiss the indictment upon two grounds: (1) that the United States Attorney abused his discretion and denied the defendant due process by failure to comply with the policy of the Attorney General with respect to the dismissal of indictments against those who remove their delinquency by…