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UNITED STATES v. BUTLER

No. 17579.

389 F.2d 172 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Smeltz BUTLER, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

February 8, 1968.

Attorney(s) appearing for the Case

Ralph Rudd, Cleveland, Ohio (Rudd, Ober & Miller, Cleveland, Ohio on the brief), for appellant.

Marvin M. Karpatkin, New York City (Bernard A. Berkman, Cleveland, Ohio on the brief), As Amicus Curiae for American Civil Liberties Union.

James L. Oakar, Cleveland, Ohio (Merle M. McCurdy, U. S. Atty., Cleveland, Ohio, on the brief), for appellee.

Before O'SULLIVAN, PHILLIPS, and CELEBREZZE, Circuit Judges.

O'SULLIVAN, Circuit Judge.

Appellant was sentenced to five years imprisonment for knowingly failing to report for induction into the armed forces, in violation of Title 50, U.S.C., App. §§ 456 and 462. No claim is made of any administrative unfairness or lack of procedural due process in the Selective Service Board's rulings. Appellant admits he knowingly failed to report, and defends solely on the ground that at...

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