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UNITED STATES v. LOPEZ

No. 71-2059.

451 F.2d 1311 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Robert E. LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 11, 1972.

Attorney(s) appearing for the Case

Robert J. Jaffe (argued), Richard J. Werthimer, San Francisco, Cal., for defendant-appellant.

Fred Filton, Asst. U. S. Atty. (argued), James L. Browning, U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before HAMLEY and KILKENNY, Circuit Judges, and GOODWIN, District Judge.

ALFRED T. GOODWIN, District Judge:

Robert E. Lopez was convicted of willful refusal to submit to induction. After this court affirmed the conviction, on May 10, 1971, United States v. Lopez, 442 F.2d 1311 (9th Cir. 1971), Lopez moved the district court, pursuant to Fed.R.Crim.P. 35, to modify his sentence so that he might be permitted to submit to induction in order to make an in-service claim for conscientious-objector status. The...

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