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UNITED STATES v. ROBIN

No. 28022 Summary Calendar.

419 F.2d 381 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. O. C. Lee ROBIN, Jr., Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

December 3, 1969.

Attorney(s) appearing for the Case

John C. Butler, Houston, Tex., for appellant.

Seagal V. Wheatley, U. S. Atty., Reese L. Harrison, Jr., Asst. U. S. Atty., San Antonio, Tex., for appellee.

Before THORNBERRY, MORGAN and CARSWELL, Circuit Judges.

CARSWELL, Circuit Judge:

This is an appeal from a jury verdict and judgment of conviction for failing and refusing to perform civilian work in violation of the Universal Military Training and Service Act, Title 50, United States Code Appendix, Sections 456(j) and 462(a).1

Before proceeding to trial on the merits the District Court held a preliminary hearing to determine whether there was

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