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UNITED STATES v. DE LA PARRA

United States Court of Appeals, Ninth Circuit
Jul 20, 1971
445 F.2d 1405 (9th Cir. 1971)

Summary

In United States v. De La Parra (9 Cir. 1971) 445 F.2d 1405, we affirmed a conviction of a registrant classified I-A on the same charge of failure to report for a physical examination.

Summary of this case from United States v. Heywood

Opinion

No. 71-1255.

June 3, 1971. Rehearing Denied July 20, 1971.

Appeal from the United States District Court for the Central District of California; Francis C. Whelan, Judge.

J.B. Tietz (argued), Los Angeles, Cal., for appellant.

Brian J. O'Neill, Asst. U.S. Atty., (argued), Robert L. Meyer, U.S. Atty., David R. Nissen, Chief, Crim.Div., Los Angeles, Cal., for appellee.

Before CHAMBERS, MERRILL and ELY, Circuit Judges.


The judgment of conviction is affirmed. We reject the double jeopardy argument on this conviction for failure to take a selective service physical examination which he had been ordered to take.

We do not find the punitive aspects here that were present in United States v. Hayden, 9 Cir., 445 F.2d 1365 decided April 9, 1971, which is clearly distinguishable.


Summaries of

UNITED STATES v. DE LA PARRA

United States Court of Appeals, Ninth Circuit
Jul 20, 1971
445 F.2d 1405 (9th Cir. 1971)

In United States v. De La Parra (9 Cir. 1971) 445 F.2d 1405, we affirmed a conviction of a registrant classified I-A on the same charge of failure to report for a physical examination.

Summary of this case from United States v. Heywood
Case details for

UNITED STATES v. DE LA PARRA

Case Details

Full title:UNITED STATES of America, Plaintiff and Appellee. v. Adolfo DE LA PARRA…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 20, 1971

Citations

445 F.2d 1405 (9th Cir. 1971)

Citing Cases

United States v. Heywood

We conclude that Hayden is not controlling and is distinguishable without doing violence to the holding…