OPINION
ROSENBERG, District Judge.
This matter came on for non-jury trial before me following the presentation of an indictment by the Grand Jury on November 7, 1969, charging the defendant, Thomas Francis Driscoll, with failure to submit to induction into the Armed Forces of the United States in violation of Title 50, Appendix, United States Code, § 462(a).
The record discloses that the defendant was born on June 21, 1948 and is
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