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UNITED STATES v. DOBIE

No. 14236.

444 F.2d 417 (1971)

UNITED STATES of America, Appellee, v. Larry Nolan DOBIE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 28, 1971.

Attorney(s) appearing for the Case

Marvin M. Karpatkin, New York City (Louis Ellenson, court-appointed counsel, and Ellenson & Fox, Newport News, Va., and Karpatkin, Ohrenstein & Karpatkin, New York City, on brief), for appellant.

Roger T. Williams, Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., for Eastern Dist. of Virginia, on brief), for appellee.

Before BRYAN, WINTER, and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

In an earlier opinion, United States v. Dobie, 429 F.2d 32 (4th Cir. 1970), this court vacated Larry Nolan Dobie's conviction for failing to report for induction and remanded the case to determine whether Dobie's local board illegally accelerated his induction order because he had been declared delinquent. We now hold that the government has failed to meet its burden of showing that Dobie's induction order...

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