Walter Leroy Shepherd v. United States

Appellee’s time to petition for a rehearing was extended until the Supreme Court handed down decisions in the cases of Witmer v. United States, Sicurella v. United States, Simmons v. United States and Gonzales v. United States, 75 S.Ct. 392, 397, 403, 409 , in all of which certiorari had been granted 75 S.Ct. 27 , 42, 59, at the time our opinion herein was rendered. These cases were decided March 14, 1955 and following that appel-lee has petitioned for rehearing primarily on the ground that the decision of the Supreme Court in Witmer v. United States justified a reargument in this case.

Appellee points out that the Witmer case holds that insincerity is a ground for denying a classification of l-O. It is said that there was sufficient showing in the record relating to Shepherd to warrant a finding by the appeal board that he was insincere and thus there was basis in fact for the board’s classification.

When our decision was rendered in this case we had previously held in Tomlinson v. United States, 9 Cir., 216 F.2d 12 , and in White v. United States, 9 Cir., 215 F.2d 782 , precisely what the Supreme Court said in the Witmer case, namely, that if the board concluded that the…