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UNITED STATES v. GILLETTE

No. 359, Docket 34021.

420 F.2d 298 (1970)

UNITED STATES of America, Appellee, v. Guy Porter GILLETTE, Appellant.

United States Court of Appeals Second Circuit.

Decided January 9, 1970.

Attorney(s) appearing for the Case

Conrad J. Lynn, New York City, for appellant.

Harold F. McGuire, Jr., Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for the Southern District of New York, New York City, and Peter F. Rient, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before MOORE and KAUFMAN, Circuit Judges, and RYAN, District Judge.

PER CURIAM:

Guy Porter Gillette was ordered to report for induction into the armed forces on December 14, 1967. He failed to report as ordered and did not submit to induction. At his trial for violation of 50 U.S.C. App. § 462 (Supp. IV, 1965-68) his sole defense was that he should have been classified as a conscientious objector. He based his attack on the validity of his I-A classification not on any procedural irregularity...

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