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UNITED STATES v. HARRIS

No. 58, Docket 23153.

224 F.2d 716 (1955)

UNITED STATES of America, Plaintiff-Appellee, v. John HARRIS, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 21, 1955.

Attorney(s) appearing for the Case

Simon S. Cohen, U. S. Atty. for Dist. of Conn., Hartford, Conn., and Francis J. McNamara, Jr., Asst. U. S. Atty., New Haven, Conn., for plaintiff-appellee.

Hayden C. Covington, Brooklyn, N. Y., for defendant-appellant.

Before CLARK, Chief Judge, and MEDINA and HINCKS, Circuit Judges.

PER CURIAM.

Defendant Harris was neither given a résumé of the F.B.I. report on his claimed status as a conscientious objector, nor was he furnished with a copy of the recommendation of the Department of Justice in his case. Thus he was not afforded an adequate opportunity in the administrative hearings to rebut the adverse information and conclusions which these reports contained. These were procedural errors which the Supreme Court has held in decisions...

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