RODRIGUEZ v. UNITED STATES

No. 18947.

452 F.2d 659 (1971)

Frank RODRIGUEZ, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied January 19, 1972.


Attorney(s) appearing for the Case

Rodney H. Bayless, Gary, Ind., for defendant-appellant.

William J. Bauer, U. S. Atty., Mary L. Sfasciotti, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee; John Peter Lulinski, Jeffrey Cole, Asst. U. S. Attys., of counsel.

Before DUFFY, Senior Circuit Judge, and KILEY and KERNER, Circuit Judges.


DUFFY, Senior Circuit Judge.

Defendant was convicted of violating Title 50 U.S.C. App. § 462 for failure to submit to induction on May 5, 1970.

On June 28, 1967, defendant was classified I-A by his Local Board. He also was informed of the name of the Government Appeal Agent, one Stanton. Defendant did not appeal his classification. On June 14, 1968, defendant was ordered to report for a physical examination but he could not appear because he was, at that...

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