UNITED STATES v. LOPEZ

No. 26856.

448 F.2d 758 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Mario Stevens LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 31, 1971.


Attorney(s) appearing for the Case

Stanley J. Friedman, San Francisco, Cal., for defendant-appellant.

Robert L. Browning, U. S. Atty., John G. Milano, James Hazard, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before HAMLEY and CHOY, Circuit Judges, and JAMESON, District Judge.


JAMESON, District Judge:

Appellant was convicted of refusing to submit for induction into the armed forces in violation of 50 U.S.C.App. § 462. The sole issue is whether the conviction should be reversed because of the failure of appellant's local board to advise him of his right to consult a government appeal agent.

On March 2, 1967 appellant was classified I-A. On March 6 the National Director of Selective Service issued Local Board Memorandum 82, which...

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