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443 F.2d 921
Robert ANDRE, Appellee,
v.
Stanley R. RESOR, Secretary of the Army, et al., Appellants.No. 26319.
United States Court of Appeals, Ninth Circuit.
June 11, 1971.
Richard Locke, Asst. U.S. Atty. (argued), James L. Browning, Jr., U.S. Atty., San Francisco, Cal., for appellants.
Michael Sorgen (argued), Mark Susnow, San Francisco, Cal., for appellee.
Before KOELSCH, ELY and WRIGHT, Circuit Judges.
PER CURIAM:
1The order of the United States District Court, directing that a writ of habeas corpus issue, is affirmed.1
2Robert Andre, the petitioner-appellee, is presently serving in the armed forces of the United States pursuant to a Selective Service Board order to report for induction, based upon the delinquency regulations appearing in 32 CFR part 1642, which purport to vest a Board with power to accelerate induction of delinquent registrants.
3But those regulations, to the extent they provided for such induction, lacked legislative authorization. Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506, 24 L.Ed.2d 532 (1970). Hence the Board's order was void and petitioner is entitled to his discharge.
4The mandate shall issue forthwith.
1A habeas action will lie. See Breen v. Selective Service Board, 396 U.S. 460, 90 S.Ct. 661, 24 L.Ed.2d 653 (1970)
Document Info
Docket Number: 26319
Citation Numbers: 443 F.2d 921
Judges: Ely, Koelsch, Per Curiam, Wright
Filed Date: 6/11/1971
Precedential Status: Precedential
Modified Date: 8/4/2023