UNITED STATES v. BURNS

No. 71-1641.

446 F.2d 896 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Dean Nelson BURNS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 17, 1971.


Attorney(s) appearing for the Case

Riner E. Deglow, Spokane, Wash., for defendant-appellant.

Dean C. Smith, U. S. Atty., Robert S. Linnell, Asst. U. S. Atty., Yakima, Wash., for plaintiff-appellee.

Before DUNIWAY, HUFSTEDLER and WRIGHT, Circuit Judges.


PER CURIAM:

Appellant Burns was convicted for wilfully failing to register under the Military Selective Service Act of 1967, 50 U.S.C. App. § 462. He contends on appeal that admission of his oral statement to a government agent was improper under the Miranda guidelines, that the statute under which he has been prosecuted is unconstitutional, and that his three-year sentence constitutes cruel and unusual punishment.

The record amply supports the...

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