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UNITED STATES v. NELSON

No. 71-2923.

467 F.2d 1364 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Stanton Francis NELSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 13, 1972.

Attorney(s) appearing for the Case

Ralph Johansen (argued), Berkeley, Cal., for defendant-appellant.

Robert E. Carey, Jr., Asst. U. S. Atty. (argued), F. Steele Langford, Asst. U. S. Atty., James L. Browning, Jr., U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before DUNIWAY and GOODWIN, Circuit Judges, and WALLACE, District Judge.

PER CURIAM:

This Selective Service appeal seeks a relaxation of the exhaustion-of-administrative-remedies doctrine of McGee v. United States, 402 U.S. 479, 91 S.Ct. 1565, 29 L.Ed.2d 47 (1971).

Nelson was classified I-A and notified both of his right to appeal and of the availability of a Government Appeal Agent to assist him in preparing an appeal. He did not then appeal his classification. He later requested and received from...

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