UNITED STATES v. McDUFFIE

No. 29780.

443 F.2d 1163 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald Dewayne McDUFFIE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 11, 1971.


Attorney(s) appearing for the Case

Shalle Stephen Fine, Miami, Fla., court-appointed, for defendant-appellant.

Robert W. Rust, U. S. Atty., Jose E. Martinez, Mervyn L. Ames, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before THORNBERRY and GODBOLD, Circuit Judges, and BOTTLE, District Judge.


GODBOLD, Circuit Judge:

Gerald McDuffie appeals from a non-jury conviction of refusing to submit to the induction order of his local draft board, in violation of 50 U.S.C. App. § 462 which makes it a crime for a Selective Service registrant knowingly to fail or neglect to perform a duty required by the Selective Service Act or regulations issued thereunder. We affirm.

After registering in March, 1967, McDuffie returned the Classification Questionnaire...

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