UNITED STATES v. McCULLOUGH

No. 12923.

413 F.2d 981 (1969)

UNITED STATES of America, Appellee, v. Estoria McCULLOUGH, Appellant.

United States Court of Appeals Fourth Circuit.

Decided July 11, 1969.


Attorney(s) appearing for the Case

Calvin L. Brown, Charlotte, N. C., (court-appointed counsel) for appellant.

William Medford, U. S. Atty., (Joseph R. Cruciani, Asst. U. S. Atty., on brief) for appellee.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.


CRAVEN, Circuit Judge:

This is an appeal from a sentence of two years' imprisonment imposed upon a conviction of violation of 50 U.S.C. App. § 462 — refusal to be inducted into the Armed Forces.

We agree with McCullough's contention that if the district court failed to examine the selective service file to determine whether or not there was a basis in fact for the I-A classification, such a failure would have been prejudicial error requiring reversal...

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