Opinion

United States v. Stephen Michael Brudney, Plaintiff-Defendant-Appellant

463 F.2d 376

Court: Court of Appeals for the Ninth Circuit
Filed: Oct 16, 1972
Status: Published
Author: Chambers
On the bench: Chambers, Wright, Lucas
Cited by: 2 cases

The opinion

CHAMBERS, Circuit Judge

(dissenting):

I am convinced that the order of call claim is good. The Selective Service regulations [ 32 CFR §§ 1606.31 et seq.] provide a comprehensive scheme of rules governing the production of Selective Service files in court and the use of such files by United States attorneys and other government agents. None of these regulations allows the removal of original files to the United States attorney’s office as was done here. There has been no attempt by the government to show compliance with these regulations. Brudney’s conviction should be reversed.

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