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UNITED STATES v. MITCHELL

No. 324, Docket 31865.

392 F.2d 214 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. David Henry MITCHELL, III, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 1, 1968.

Attorney(s) appearing for the Case

Jon O. Newman, U. S. Atty. for District of Connecticut, for plaintiff-appellee.

Kunstler & Kunstler, New York City, and Samuel Gruber, Stamford, Conn., (William M. Kunstler, New York City, on the brief), for defendant-appellant.

Before KAUFMAN and HAYS, Circuit Judges, and RYAN, District Judge.

RYAN, District Judge:

This is an appeal from an order of Judge Clarie denying appellant's motion for reduction of sentence imposed on March 16, 1966 following a return of a jury verdict of guilty of failure to report for induction into the Armed Forces of the United States (Title 50 App.U.S.C. § 462). Defendant was sentenced to five years' imprisonment, with a recommendation that the sentence be served in an institution not located in the States of New York or...

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