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McGEE v. UNITED STATES

No. 886, Docket 72-1505.

465 F.2d 357 (1972)

Vincent Francis McGEE, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided June 12, 1972.

Attorney(s) appearing for the Case

Alan H. Levine, New York City (Leon Friedman, Marvin M. Karpatkin, Michael N. Pollet, and New York Civil Liberties Union, New York City, of counsel), for appellant.

Peter Truebner, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S Atty., S. D. N. Y., and John W. Nields, Jr., Asst. U. S. Atty., of counsel), for appellee.

Before FRIENDLY, Chief Judge, LUMBARD and MULLIGAN, Circuit Judges.

PER CURIAM:

We remanded this case to the district court to ascertain whether the original concurrent two year sentences imposed on appellant as a result of his conviction on three counts of violating the Selective Service Act of 1967, 50 U.S.C. App. § 451 et seq., were improperly influenced by his conviction on what appeared to be a far more serious count, charging that he had refused to submit to induction, which was subsequently determined to have been illegally...

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