447 F.2d 1367 | 5th Cir. | 1971
Lead Opinion
OPINION OF PANEL
Charles Robert Muncaster was convicted [Counts I and II of the indictment, returned September 12, 1969] of failing and neglecting from January 17, 1967 to January 22, 1967, to register under the Military Selective Service Act of 1967, 50 App.U.S.C. 462.
This conviction is affirmed. See Local Rule 21.
Muncaster was likewise convicted [Counts III and IV] of a similar offense between January 17, 1967 and September 12, 1969. This conviction is reversed, Toussie v. United States, 397 U.S. 112, 90 S.Ct. 858, 25 L.Ed.2d 156 (1970).
The indefinite sentence imposed under the Youth Corrections Act, 18 U.S.C., § 5010(b) remains undisturbed.
. See NLRB v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F.2d 966.
Rehearing
ON SUGGESTION FOR HEARING EN BANC
No Judge in regular active service on the Court having requested that the Court be polled on hearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Hearing En Banc is denied.