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UNITED STATES v. COFFEY

No. 25178.

429 F.2d 401 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Daniel COFFEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 13, 1970.

Attorney(s) appearing for the Case

John T. Hansen (argued) San Francisco, Cal., Walter Daniel Coffey, Palo Alto, Cal., for defendant-appellant.

John G. Milano (argued), Asst. U. S. Atty., James L. Browning, U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before MERRILL, WRIGHT, and TRASK, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This is an appeal from a conviction for refusing induction into the Armed Forces. 50 U.S.C. App. § 462(a). Under the compulsion of Welsh v. United States, 398 U.S. 333, 90 S.Ct. 1792, 26 L.Ed.2d 308 (1970), we reverse.

Coffey registered with his local board in 1961. Until 1965, he was classified I-A, although he sporadically attended the University of California at Berkeley during that period...

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