UNITED STATES v. WAYTE

No. CR 82-630 TJH.

549 F.Supp. 1376 (1982)

UNITED STATES of America, Plaintiff, v. David Alan WAYTE, Defendant.

United States District Court, C.D. California.

November 15, 1982.


Attorney(s) appearing for the Case

Stephen S. Trott, U.S. Atty., Alexander H. Williams, III, Chief Asst. U.S. Atty., Richard R. Romero, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff.

William G. Smith, Terry Amdur, Dan Stormer, ACLU Foundation of So. California, Mark D. Rosenbaum, ACLU, Los Angeles, Cal., for defendant.


ORDER AND OPINION

HATTER, District Judge.

Background

Defendant David Alan Wayte was indicted on July 22, 1982 for failure to register for the draft under section three of the Military Selective Service Act ("Act"), as amended, 50 U.S.C.App. § 453. Wayte had previously written two letters to the President expressing his opposition to draft registration and his intention not to register.

Defendant moves this court to dismiss the indictment...

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