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MARTINEZ v. UNITED STATES

No. 9507.

384 F.2d 50 (1967)

Leopoldo Reyes MARTINEZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

October 20, 1967.

Attorney(s) appearing for the Case

Joseph A. Roberts and Charles S. Solomon, Santa Fe, N. M., for appellant.

John A. Babington, Asst. U. S. Atty., Albuquerque, N. M. (John Quinn, U. S. Atty., with him on the brief), for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and BREITENSTEIN and SETH, Circuit Judges.

PER CURIAM:

The appellant registered for the draft in 1964 and was classified as 1-A, that is, eligible for service in the armed forces. On January 5, 1966, the local draft board mailed to him an order to report for induction on January 17. Martinez received the order on January 10. He appeared at the time and place specified in the order, but told the clerk of the local board that he was a conscientious objector and refused to be inducted.

On March 22, 1966...

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