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UNITED STATES v. PRESTON

No. 26499.

445 F.2d 808 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Forrest PRESTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 10, 1971.

Attorney(s) appearing for the Case

Martha Goldin (argued) of Saltzman & Goldin, Hollywood, Cal., for appellant.

Tom E. Kotoske, Asst. U. S. Atty. (argued), David R. Nissen, Chief, Criminal Division, Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, CARTER and WRIGHT, Circuit Judges.

WRIGHT, Circuit Judge:

Michael Forrest Preston appeals his conviction and three-year sentence for refusal to submit to induction in violation of 50 U.S.C. App. § 462. We affirm the conviction but remand to the trial court for resentencing.

While in college, Preston was classified II-S, his final classification as a student expiring on September 9, 1968. Thereafter he married and assumed responsibility for his wife and her two sons by a previous marriage...

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