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UNITED STATES v. HIGGINS

No. 157, Docket 33597.

416 F.2d 406 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Lynn Roy HIGGINS, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 9, 1969.

Attorney(s) appearing for the Case

H. Kenneth Schroeder, Jr., Acting U. S. Atty., and Stephen S. Joy, Asst. U. S. Atty., Western District of New York, Buffalo, New York, on the brief, for appellee.

Robert Schmitt, Rochester, New York, on the brief, for appellant.

Before MOORE, HAYS and ANDERSON, Circuit Judges.

PER CURIAM:

Lynn Roy Higgins, age 20, was declared delinquent by his local draft board in Rochester, New York, for failure to have his Selective Service classification card in his possession, and he was ordered to report for induction into the armed forces January 8, 1968. When he did not do so, he was convicted of failing to report for and submit to induction, in violation of 50 U.S.C. App. § 462(a). He was sentenced to a term of imprisonment of one year and...

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