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JOHNSON v. UNITED STATES

Nos. 16679, 16726, 16725.

285 F.2d 700 (1960)

Daniel Howard JOHNSON, Appellant, v. UNITED STATES of America, Appellee. John Franklin TAYLOR, Appellant, v. UNITED STATES of America, Appellee. Manuel Sanchez GALLEGOS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearings Denied January 26, 1961.

Attorney(s) appearing for the Case

J. B. Tietz, Los Angeles, Cal., for appellants.

Laughlin E. Waters, U. S. Atty., Robert J. Jensen, Wm. Bryan Osborne, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before CHAMBERS, STEPHENS, POPE, BARNES, HAMLEY, HAMLIN, JERTBERG, MERRILL and KOELSCH, Circuit Judges.

BARNES, Circuit Judge.

All three appellants were convicted of knowingly failing to perform a duty required under the Universal Military Training and Service Act. 50 U.S.C.A. Appendix § 462.

Johnson failed to obey the order to report at the local board office, and Gallegos and Taylor failed to report to the assigned work after reporting to the local board office. Each appellant was tried without jury. Johnson was given a term of three years and Taylor...

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