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UNITED STATES v. BURNS

No. 251-69.

431 F.2d 1070 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Shawn BURNS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 10, 1970.

Attorney(s) appearing for the Case

Richard E. Hartman, Denver, Colo., for appellant.

Leonard Campbell, Asst. U. S. Atty. (James L. Treece, U. S. Atty., and David L. Osborn, Asst. U. S. Atty., on the brief), for appellee.

Before PHILLIPS, BREITENSTEIN and HICKEY, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

Burns was charged by indictment returned June 5, 1968, with failing to comply with the order of his local draft board to report on October 10, 1967, for induction into the armed forces of the United States, in violation of 50 U.S.C. App. § 462(a). From a judgment of conviction on a jury verdict of guilty, he has appealed.

Burns registered with his Local Selective Service Board No. 12 in Grand Junction, Colorado, on April...

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