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UNITED STATES v. LUCKE

No. 28816.

431 F.2d 359 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Albert Nelms LUCKE, III, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 13, 1970.

Attorney(s) appearing for the Case

Stanley Wolfman, Merritt Island, Fla., for appellant.

John L. Briggs, U. S. Atty., Middle District of Florida, Jacksonville, Fla., Kendell W. Wherry, Asst. U. S. Atty., Orlando, Fla., for appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

Albert N. Lucke, III was indicted on two counts for making false representations to his Selective Service Board in violation of § 462(a), U.S.C., Title 50 Appendix. Trial by jury was waived and he was found guilty by the district court on both counts and sentenced to three years imprisonment. On appeal he contends (1) that the misrepresentations were immaterial to his requested classification, and (2) that...

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