UNITED STATES v. KANNER

No. 23391.

416 F.2d 522 (1969)

UNITED STATES of America, Appellee, v. Phillip Michael KANNER, Appellant.

United States Court of Appeals Ninth Circuit.

September 25, 1969.


Attorney(s) appearing for the Case

J. B. Tietz (argued), Los Angeles, Cal., for appellant.

Arnold G. Regardie (argued), Asst. U. S. Atty., Wm. Matthew Byrne, Jr., U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Crim. Div., Dzintra I. Janavs, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CARTER and HUFSTEDLER, Circuit Judges, and THOMPSON, District Judge.


JAMES M. CARTER, Circuit Judge:

The appellant was convicted in a trial without a jury of refusing to be inducted into the armed forces and sentenced to three years imprisonment. We affirm.

The case presents two questions:

1. Is a selective service registrant entitled, under the facts of this case, to have his classification as I-A reopened when he files his claim as a conscientious objector, after there is mailed to him a notice of induction? Involved...

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