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UNITED STATES v. GEAREY

No. 65 Cr. 828.

266 F.Supp. 161 (1967)

UNITED STATES of America, v. David A. GEAREY, Defendant.

United States District Court S. D. New York.

April 17, 1967

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Southern District of New York, for plaintiff, Paul K. Rooney, Asst. U. S. Atty., of counsel.

Marvin Karpatkin, New York City, for defendant.

OPINION

MURPHY, District Judge.

The defendant was indicted for his wilful failure to submit to induction into the armed forces (50 App.U.S.C. §§ 451 et seq.). He waived a jury, was tried by the court and found guilty. Although no request for findings, Fed.R.Crim.P. 23(c), was made, the court filed its memorandum on March 14, 1966. United States v. Gearey, 260 F.Supp. 7 (S.D.N.Y. 1966). He was thereafter sentenced...

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