BJERKAN v. UNITED STATES

No. 74-2039.

529 F.2d 125 (1975)

James Rolf BJERKAN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States of Appeals, Seventh Circuit.

Decided November 18, 1975.


Attorney(s) appearing for the Case

Curry First, Milwaukee, Wis., for plaintiff-appellant.

Samuel K. Skinner, U.S. Atty., Michael D. Groark, Asst. U.S. Atty., Chicago, Ill., for defendant-appellee.

Before FAIRCHILD, Chief Judge, and SWYGERT and SPRECHER, Circuit Judges.


SPRECHER, Circuit Judge.

As it developed, the only question in this appeal from the denial of habeas corpus type relief under 28 U.S.C. § 2255 concerns whether a presidential pardon granted after the decision on this petition in the district court moots the appeal.

I

The petitioner, James Rolf Bjerkan, was convicted of refusing to report for induction into the Armed Forces in violation of 50 U.S.C. App. § 462(a). His conviction was affirmed...

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