# United States v. Joseph Thomas Mulloy

> Court of Appeals for the Sixth Circuit · June 10, 1969 · 412 F.2d 421

URL: https://www.frixlaw.com/law-library/cases/9454655

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Joseph Thomas MULLOY, Defendant-Appellant
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** June 10, 1969
- **Citations:** 412 F.2d 421; 1969 U.S. App. LEXIS 12016
- **Precedential status:** Published
- **Opinion:** Concurrence by McCREE
- **Judges:** Weick, Celebrezze, McCree
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9454655

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9454655. Public record. Not legal advice.