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UNITED STATES v. McKINNEY

No. 72-1480.

466 F.2d 1403 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Philip William McKINNEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

June 15, 1972.

Attorney(s) appearing for the Case

Bertrand B. Pogrebin, Rains, Pogrebin & Scher, Mineola, N. Y., Jack D. Young, Portsmouth, Ohio, for defendant-appellant.

Eugene E. Siler, U. S. Atty., James F. Cook, Asst. U. S. Atty., Lexington, Ky., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and WEICK and CELEBREZZE, Circuit Judges.

ORDER.

We are now required to consider the third appeal of this case. In the first appeal, we affirmed the judgment of conviction but remanded for reconsideration of the maximum sentence of five years imposed on the defendant upon his conviction for refusing to be inducted into the armed forces. The reason for the remand was our finding that the sentence imposed was excessive. United States v. McKinney, 427 F.2d 449 (6th Cir. 1970...

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