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WHITNEY v. UNITED STATES

No. 20762.

328 F.2d 888 (1964)

Roy Hancil WHITNEY, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 30, 1964.

Attorney(s) appearing for the Case

Dewey R. Villareal, Jr., Tampa, Fla., for appellant.

Arnold W. Levine, Asst. U. S. Atty., Edward F. Boardman, U. S. Atty., Tampa, Fla., Joe H. Mount, Asst. U. S. Atty., Middle District of Florida, Daniel O. Omer, General Counsel, Robert T. Hays, Asst. to General Counsel, Selective Service System, Washington, D. C., of counsel, for appellee.

Before TUTTLE, Chief Judge, and JONES and BELL, Circuit Judges.

PER CURIAM.

This is an appeal from a conviction and sentence of the appellant for knowingly and wilfully failing to perform a duty by failing to report to his draft board in Tampa, Florida, for civilian work in lieu of induction as a Selective Service registrant, in violation of Title 50, Section 462, U.S.C.A.Appendix. In light of the restricted nature of the review of such a conviction by an appellate court, see Estep v. United States, 327 U.S. 114...

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