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MARTINETTO v. UNITED STATES

No. 22066.

391 F.2d 346 (1968)

Timothy MARTINETTO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

March 14, 1968.

Attorney(s) appearing for the Case

Mario P. Gonzalez, Montebello, Cal., for appellant.

William Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Chief, Criminal Division, William J. Gargaro, Jr., Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES and HAMLEY, Circuit Judges, and FOLEY, District Judge.

HAMLEY, Circuit Judge:

Timothy Martinetto, classified in the Selective Service System as I-O (conscientious objector opposed to combatant or noncombatant service in the Armed Forces), failed to obey an order of his local board to appear before it to receive instructions to report to the Los Angeles County Department of Charities. He was indicted for having knowingly failed to report to the board in violation of section 12(a) of the Universal Military Training and...

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