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McGEE v. UNITED STATES

No. 362.

402 U.S. 479 (1971)

91 S.Ct. 1565

29 L.Ed.2d 47

McGEE v. UNITED STATES.

Supreme Court of United States.

Decided May 17, 1971

Attorney(s) appearing for the Case

Alan H. Levine argued the cause for petitioner. With him on the briefs were Marvin M. Karpatkin and Melvin L. Wulf.

William Bradford Reynolds argued the cause for the United States pro hac vice. With him on the brief were Solicitor General Griswold and Assistant Attorney General Wilson.

Marvin B. Haiken filed briefs for Richard Kenneth LeGrande as amicus curiae.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

Petitioner was convicted of failing to submit to induction and other violations of the draft laws. His principal defense involves the contention that he had been incorrectly classified by his local Selective Service board. The Court of Appeals ruled that this defense was barred because petitioner had failed to pursue and exhaust his administrative remedies. We granted certiorari, 400 U.S. 864 (1970), to consider...

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