UNITED STATES v. McQUEARY

No. 23101.

429 F.2d 984 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Warren McQUEARY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 4, 1970.


Attorney(s) appearing for the Case

James R. Hagan (argued), Menlo Park, Cal., for appellant.

Irving Prager (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Arnold G. Regardie, Asst. U. S. Atty., Robt. L. Brosio, Chief, Criminal Division, Los Angeles, Cal., for appellee.

Before BROWNING, DUNIWAY and CARTER, Circuit Judges.


PER CURIAM.

Appellant failed to complete his physical examination and was declared delinquent. Under Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532 (1970), reversal is required. See United States v. Thomas, 422 F.2d 1327 (9th...

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