United States v. Dean Nelson Burns

Appellant Burns was convicted for wilfully failing to register under the Military Selective Service Act of 1967, 50 U.S.C.App. § 462. He contends on appeal that admission of his oral statement to a government agent was improper under the Miranda guidelines, that the statute under which he has been prosecuted is unconstitutional, and that his three-year sentence constitutes cruel and unusual punishment.

The record amply supports the district’s court’s finding that appellant received the Miranda warnings and waived his rights before making his statement.

Appellant’s constitutional challenge to the draft statute rests upon arguments that have been rejected by prior decisions of this court. See, e. g. United States v. Gidmark, 440 F.2d 773 (9th Cir. 1971); United States v. Leavy, 422 F.2d 1155 (9th Cir. 1970).

A three-year sentence for violation of 50 U.S.C.App. § 462 does not constitute cruel and unusual punishment. Little v. United States, 409 F.2d 1343, 1345 (10th Cir. 1969).

The district court has reduced the sentence from three to two years upon appellant’s motion. Since appellant had earlier filed a notice of appeal, the district court lacked jurisdiction to entertain the…