UNITED STATES v. POSNER

No. 23885.

424 F.2d 181 (1970)

UNITED STATES of America, Appellee, v. Moss David POSNER, Appellant.

United States Court of Appeals, Ninth Circuit.

As Modified on Denial of Rehearing March 10, 1970.


Attorney(s) appearing for the Case

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

George G. Rayborn, Asst. U. S. Atty., Robert L. Brosio, Asst. U. S. Atty., Wm. Matthew Byrne, U. S. Atty., Los Angeles, Cal., for appellee.

Before HAMLEY and CARTER, Circuit Judges, and CROCKER, District Judge.


HAMLEY, Circuit Judge:

Moss David Posner appeals from a judgment convicting him for knowingly failing and refusing to be inducted into the armed forces of the United States in violation of 50 U.S.C.App. § 462. He asserts that his local board should not have reclassified him from II-A to I-A and, in the alternative, the board should have reclassified him III-A or I-O. He argues that the district court should therefore...

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