UNITED STATES v. HOBBS

No. 71-1054.

450 F.2d 935 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Allen W. HOBBS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 19, 1971.


Attorney(s) appearing for the Case

Michael P. Watkins, Asst. U. S. Atty. (Victor R. Ortega, U. S. Atty., and John A. Babington, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

Jonathan B. Sutin, of Sutin, Thayer & Browne, Albuquerque, N. M., for defendant-appellant.

Before BREITENSTEIN and McWILLIAMS, Circuit Judges, and KERR, District Judge.


McWILLIAMS, Circuit Judge.

This is a selective service case wherein Hobbs seeks reversal of a judgment and sentence entered by the trial court on the verdict of a jury finding Hobbs guilty of wilfully and knowingly failing to report for and submit to an armed forces physical examination in violation of 50 U.S.C. App. § 462. Hobbs contends that the judgment and sentence should be reversed for the reason that (1) the Military Selective Service Act of 1967 is unconstitutional...

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