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UNITED STATES v. McGEE

No. 177, Docket 33568.

426 F.2d 691 (1970)

UNITED STATES of America, Appellee, v. Vincent Francis McGEE, Jr., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 31, 1970.

Attorney(s) appearing for the Case

Alan H. Levine, New York City (Marvin M. Karpatkin, J. Edward Meyer, III, New York City, on the brief), for defendant-appellant.

Ross Sandler, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, James D. Zirin, Asst. U. S. Atty., on the brief), for appellee.

Before FRIENDLY, SMITH and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

Vincent Francis McGee, Jr. appeals from a judgment of conviction for violating 50 U.S.C.App. § 462(a), following a trial before Judge Murphy and a jury in the District Court for the Southern District of New York. McGee was convicted on all four counts of the indictment and was sentenced to imprisonment for two years on each count, the terms to run concurrently. The indictment charged him with refusing to submit to induction (Count 1)...

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