# United States of America, and v. Leslie Robert Malone, And

> Court of Appeals for the Ninth Circuit · May 1, 1974 · 496 F.2d 462

URL: https://www.frixlaw.com/law-library/cases/9460572

## Case

- **Full name:** UNITED STATES of America, Plaintiff and Appellee, v. Leslie Robert MALONE, Defendant and Appellant
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** May 1, 1974
- **Citations:** 496 F.2d 462; 1974 U.S. App. LEXIS 8894
- **Precedential status:** Published
- **Opinion:** Concurrence by Smith
- **Judges:** Hufstedler, Choy, Smith
- **Cited by:** 0 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/9460572

## Opinion text

RUSSELL E. SMITH, District Judge
(concurring):
I concur in the result.
I do not agree that the local board treated defendant badly.
I think that the intent of the state director in issuing the reclassification order is not relevant. Once there has been a conviction for failure to obey a valid administrative order I think an administrative officer is without power for whatever reason to affect the conviction by altering or vacating the order. The statute, not the order, created the offense, and once a valid order was disobeyed then the state was violated and the offense was complete. See United States v. Hark, 320 U.S. 531, 536 , 64 S. Ct. 359 , 88 L.Ed. 290 (1944).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9460572. Public record. Not legal advice.