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UNITED STATES v. BROWN

No. 358, Docket 72-2063.

470 F.2d 285 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Wesley Clyde BROWN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 6, 1972.

Attorney(s) appearing for the Case

Michael B. Standard, New York City (Rabinowitz, Boudin & Standard, Herbert Jordan, New York City, on the brief), for defendant-appellant.

David De Petris, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E. D. N. Y., L. Kevin Sheridan, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

Before LUMBARD, FEINBERG and OAKES, Circuit Judges.

FEINBERG, Circuit Judge:

This case raises serious questions about the operation of the sentencing process as applied to Wesley Clyde Brown, a young, black teacher and writer, who refused to fight in the Vietnam War. Brown is presently serving a sentence of two and a half years in Lewisburg Federal Correctional Facility. He appeals from an order of the United States District Court for the Eastern District of New York, Walter Bruchhausen, J., refusing to disclose the...

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