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UNITED STATES v. WHALEN

No. 71-1273.

451 F.2d 755 (1971)

UNITED STATES of America, Appellee, v. Michael Joseph WHALEN, Appellant.

United States Court of Appeals, Eighth Circuit.

November 24, 1971.

Attorney(s) appearing for the Case

Clark L. Holmes, Des Moines, Iowa, for appellant.

Richard J. Barry, Asst. U. S. Atty., Allen L. Donielson, U. S. Atty., Des Moines, Iowa, for appellee.

Before GIBSON, BRIGHT and ROSS, Circuit Judges.

PER CURIAM.

Michael Joseph Whalen was convicted on an indictment charging that he willfully and knowingly failed to report for and submit to induction into the armed forces of the United States, in violation of 50 App., U.S.C. § 462. We affirm the judgment of conviction.

Whalen was classified I-A. On April 17, 1970, he was ordered to report for induction on May 19, 1970. On April 24, 1970, the local board received a letter from Whalen stating that he...

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