UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT,
v.
WILLIAM EDWIN CHANDLER, JR., DEFENDANT-APPELLEE; UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT, V. MARTY JAY MARTINOLICH, DEFENDANT-APPELLEE
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The court held that the district court erred in dismissing the indictments, finding no support for its action in the cited Supreme Court decision.
The United States appealed the dismissal of two criminal indictments charging violations of the Selective Service Act. The district court dismissed th…
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INGRAHAM, Circuit Judge:
This is an appeal by the United States from the dismissal of two criminal indictments.1 Since they raise identical issues, the eases have been consolidated on appeal.
The United States District Court for the Southern District of Mississippi dismissed two indictments charging appellees with violations of the Selective Service Act of 1967, 50 U.S.C.A. App. § 462 for failing to perform alternative civilian service. The district court founded its action on the recent Supreme Court decision in Clay v. United States, 403 U.S. 698, 91 S.Ct. 2068, 29 L.Ed.2d 810 (1971). After an examination of that decision and the record below we find no support for this action.
In two recent cases this panel affirmed convictions under the Selective Service Act of 1967, 50 U.S.C.A. App. § 462, against Solomon2 and Walker.3
Reversed and remanded.
. The United States is authorized to bring this appeal under the provisions of 18 U.S.C.A. § 3731.
. United States v. Solomon, 450 F. 2d 456 (5th Cir., 1971) [October 8,1971].
. United States v. Walker, 451 F. 2d 1325 (5th Cir., 1971) [November 18, 1971].
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Clay v. United States, 403 U.S. 698 (U.S. 1971)
- United States v. Solomon, 450 F.2d 456 (5th Cir. 1971)
- United States v. Landry Gail Walker, 451 F.2d 1325 (5th Cir. 1971)