UNITED STATES v. GRIER

No. 74-2781.

510 F.2d 570 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Clifford GRIER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 28, 1975.


Attorney(s) appearing for the Case

John R. Myer, Atlanta, Ga., for defendant-appellant.

John L. Briggs, U. S. Atty., Howard T. Snyder, Ernst D. Mueller, John Daley, Jr., Asst. U. S. Attys., Jacksonville, Fla., for plaintiff-appellee.

Before TUTTLE, WISDOM and GOLDBERG, Circuit Judges.


WISDOM, Circuit Judge:

This is an appeal in a selective service case from a conviction, in a trial before the court, without a jury, for the defendant's failing to submit to induction. 50 U.S.C. App. § 462. Because of procedural defects in the local board's handling of the reclassification of the defendant from II-S (student deferment) to I-A (available for induction), we reverse his conviction, and remand the case to the district court with instruction to dismiss...

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