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UNITED STATES v. WAINSCOTT

No. 72-1988.

496 F.2d 356 (1974)

UNITED STATES of America, Appellee, v. John Charles WAINSCOTT, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 25, 1974.

Attorney(s) appearing for the Case

George S. Daly, Jr., Charlotte, N. C. [court-appointed counsel] for appellant.

David B. Sentelle, Asst. U. S. Atty., W. D. N. C. (Keith S. Snyder, U. S. Atty., and Hugh J. Beard, Jr., Asst. U. S. Atty., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and WINTER, CRAVEN, BUTZNER, RUSSELL, FIELD, and WIDENER, Circuit Judges, sitting in banc.

BUTZNER, Circuit Judge:

The principal question raised by this appeal is whether a selective service order of induction, issued before the Draft Extension Act of 1971, is valid when an appeal board has assigned the reason for its decision, but the local board has failed to state why it denied the registrant's claim. In United States v. Broyles, 423 F.2d 1299 (4th Cir. 1970), we held that when a registrant establishes a prima facie...

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