United States v. Sellers

ORDER

EDENFIELD, District Judge.

This case is now before the court upon defendant’s motion to dismiss the indictment upon which he was convicted, which charged him with failure to obey the order of his Selective Service Board to report for induction. Defendant appealed and his case subsequently was remanded to this court for a determination as to whether the conviction was obtained by the use of tainted evidence, in light of Alderman v. United States, 394 U.S. 165, 89 S.Ct. 961, 22 L.Ed.2d 176 (1969). Defendant has now moved to dismiss the indictment on the ground that his induction was…