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UNITED STATES v. ZARAGOZA

No. 71-1005.

449 F.2d 1278 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Reuben ZARAGOZA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 26, 1971.

Attorney(s) appearing for the Case

Michael P. Balaban, (argued), Beverly Hills, Cal., for appellant.

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

Before BARNES, DUNIWAY and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Appellant Zaragoza was convicted for refusing induction into the Armed Forces in violation of 50 U.S.C. App. § 462. We reverse.

Two issues were raised on appeal: (1) whether Zaragoza stated a prima facie claim for conscientious objector staus and, if he did, (2) whether there was basis in fact for the denial of his claim.

At argument counsel for the government conceded that, if Zaragoza stated a prima facie claim...

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