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UNITED STATES v. PENNINGTON

No. 24355.

439 F.2d 145 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Jon Mardis PENNINGTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 11, 1971.

Attorney(s) appearing for the Case

David K. Yamakawa, Jr. (argued), San Francisco, Cal., for defendant-appellant.

George Rayborn, Ass't. U. S. Atty., (argued) Robert L. Meyer, U. S. Atty., Henry J. Novak, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before BROWNING, WRIGHT and KILKENNY, Circuit Judges.

PER CURIAM:

Pennington was declared a delinquent and ordered to report for induction. He refused to be inducted, and was tried and convicted. The subsequent decision in Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532 (1970), held the delinquency regulations unlawful.

Whether a registrant is prejudiced by a declaration of delinquency depends upon whether the registrant's delinquency status accelerated his...

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