[DOWNLOAD] "Mcgee v. United States" by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Mcgee v. United States
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 18, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

This appeal is an epilogue to the proceedings detailed in the previous opinions of this court and the Supreme Court affirming Vincent Francis McGees conviction on four counts of violating the Selective Service Act of 1967, 50 U.S.C. App. § 451 et seq. These were refusing to submit to induction (Count 1), failing to report for a physical examination (Count 2), failing to possess a valid notice of classification (Count 3), and failing to return a current information questionnaire to his local board (Count 4). See 426 F.2d 691 (2 Cir. 1970), affd, 402 U.S. 479, 91 S. Ct. 1565, 29 L. Ed. 2d 47 (1971). It suffices here to say that this court held and the Supreme Court agreed that although McGee had presented a valid claim to his local board for exemption as a conscientious objector, his conviction on Count 1 had to be affirmed because of his failure to appeal the local boards 1-A classification; that in consequence the convictions on Counts 2 and 3 should be affirmed without any need to consider what the result would be if the 1-A classification were improper; and that "in light of the concurrent sentences [of two years imprisonment] there is no need to consider the conviction under Count 4 under the circumstances here presented" 426 F.2d at 700.

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