UNITED STATES v. ANDERSEN

No. 26659.

447 F.2d 1063 (1971)

UNITED STATES of America, Appellee, v. Richard Martin ANDERSEN, Appellant.

United States Court of Appeals, Ninth Circuit.

August 19, 1971.


Attorney(s) appearing for the Case

J. B. Tietz (argued), Los Angeles, Cal., for appellant.

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

Before MERRILL, ELY, and HUFSTEDLER, Circuit Judges.


ELY, Circuit Judge:

Andersen was convicted for having failed to submit to induction into the armed forces. 50 U.S.C. App. § 462. We have concluded that the local board had no basis in fact for denying Andersen's timely claim for exemption as a conscientious objector; hence, the judgment of conviction must be reversed.

Andersen had received both student [II-S] and occupational [II-A] deferments from his local board, the latter for a computer programming...

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