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UNITED STATES v. MACHADO

Crim. No. 42692.

306 F.Supp. 995 (1969)

UNITED STATES of America, Plaintiff, v. Pedro Lucas MACHADO, Defendant.

United States District Court N. D. California.

November 21, 1969.

Attorney(s) appearing for the Case

Herzstein, Maier & Carey, Paul Maier, San Francisco, Cal., for defendant.

Cecil F. Poole, U. S. Atty., F. Steele Langford, Asst. U. S. Atty., San Francisco, Cal., for plaintiff.

MEMORANDUM OPINION GRANTING MOTION FOR JUDGMENT OF ACQUITTAL

ZIRPOLI, District Judge.

I. FACTUAL SETTING.

Defendant, Pedro Lucas Machado, is charged with refusal to submit to induction. He raises in his defense the fact that the draft board which classified him I-A and issued his induction order did not comply with 32 C.F.R. 1604.52(c), which states in its pertinent part the following: "The members of local boards * * * shall also, if at all practicable...

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