Opinion

United States v. Joseph Thomas Mulloy

  • 412 F.2d 421
  • 1969 U.S. App. LEXIS 12016
Court
Court of Appeals for the Sixth Circuit
Filed
Jun 10, 1969
Status
Published
Author
McCREE
On the bench
Weick, Celebrezze, McCree
Cited by
12 cases

The opinion

McCREE, Circuit Judge

(concurring).

I concur in the result. Selective Service Regulation 32 C.F.R. § 1625.2 vests broad discretion in the Local Board, and since the Board was justified in considering the entire file (instead of being confined solely to appellant’s conscientious objector application), I do not regard the decision not to reopen appellant’s file as an abuse of that discretion. Accordingly, I find it unnecessary to consider the philosophical contours of conscientious objection in this appeal. I agree with the majority’s statement questioning the propriety of imposing the maximum possible sentence in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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