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UNITED STATES v. SMITH

No. 71-1279.

443 F.2d 1278 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Carl SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 7, 1971.

Attorney(s) appearing for the Case

Bert E. Green, San Francisco, Cal., for defendant-appellant.

James L. Browning, Jr., U. S. Atty., Jerry Cimmet, Asst. U. S. Atty., F. Steele Langford, Chief, Crim. Div., San Francisco, Cal., for plaintiff-appellee.

Before HAMLIN and WRIGHT, Circuit Judges, and GOODWIN, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Richard Carl Smith appeals his conviction for refusing induction into the Armed Services in violation of 50 U.S.C. App. § 462(a). We affirm.

On April 22, 1969, Smith's local board sent him an order to report for induction on May 14, 1969. He reported but refused to submit for induction.

Smith's principal contention on appeal is that the order to report was invalid because it was issued in violation of the order...

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