UNITED STATES v. PEN

No. 71-1795.

451 F.2d 554 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Wayne PEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 16, 1971.


Attorney(s) appearing for the Case

James F. Flynn (argued), of Flynn & Rusing, Bellingham, Wash., for appellant.

Ernest Scott, Jr., Asst. U. S. Atty. (argued), Stan Pitkin, U. S. Atty., Seattle, Wash., for appellee.

Before HAMLIN and WRIGHT, Circuit Judges, and CURTIS, District Judge.


PER CURIAM:

Appellant Pen was found guilty of refusing to report for civilian work ordered in lieu of induction into the Armed Forces. 50 U.S.C. App. § 462. He was sentenced to three years, suspended on condition that he perform two years of alternative civilian service. We affirm.

Pen, a member of Jehovah's Witnesses, registered with his local board in 1964 and was classified I-O. After he passed a physical...

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