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GREGORY v. UNITED STATES

No. 23510.

422 F.2d 1323 (1970)

Henry Duval GREGORY IV, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

February 9, 1970.

Attorney(s) appearing for the Case

Aubrey Grossman (argued), Lawrence Duga, of Grossman, Ackerman & Peters, San Francisco, Cal., for appellant.

Harvey Ziff (argued), Asst. U. S. Atty., Paul G. Sloan, Jerrold M. Ladar, Asst. U. S. Attys., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before BROWNING and DUNIWAY, Circuit Judges, and JAMESON, District Judge:

PER CURIAM:

Appellant was convicted of wilfully and knowingly failing and neglecting "to perform a duty required of him" under the Military Training and Service Act of 1967 (50 App. U.S.C. § 462) in that he refused to submit to induction into the Armed Forces of the United States.

The facts essential to a determination of this appeal are these: Appellant twice returned to his local draft board at Roanoke, Virginia, his Notice of Classification, the second...

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