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UNITED STATES v. PIKE

No. 26044.

439 F.2d 695 (1971)

UNITED STATES of America, Appellee, v. Robert Lee PIKE, Appellant.

United States Court of Appeals, Ninth Circuit.

March 4, 1971.

Attorney(s) appearing for the Case

Daniel Kallen (argued), of Somers & Kallen, Santa Monica, Cal., for appellant.

Andrew R. Willing, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Los Angeles, Cal., for appellee.

Before MERRILL and HUFSTEDLER, Circuit Judges, and SOLOMON, District Judge.

PER CURIAM:

Appellant Pike appeals from his conviction for failing to report for his physical examination and for refusing to submit to induction in violation of 50 U.S.C. App. § 462.

We reverse Pike's conviction because the district court erroneously denied Pike's timely request to represent himself. As Judge Medina observed in United States v. Plattner (2d Cir. 1964) 330 F.2d 271, 273: "The right to act pro se

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