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UNITED STATES v. BERRY

No. 26880.

443 F.2d 5 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Wayne Nelson BERRY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 14, 1971.

Attorney(s) appearing for the Case

James F. Flynn, Bellingham, Wash., for defendant-appellant.

Stan Pitkin, U. S. Atty., Tacoma, Wash., Vinta Jo Neal, Sp. Asst. U. S. Atty., Portland, Or., for plaintiff-appellee.

Before MERRILL, KOELSCH and WRIGHT, Circuit Judges.

PER CURIAM:

Wayne Nelson Berry appeals from a conviction for violating 50 App. U.S.C. § 462(a): failing to report for civilian employment as ordered in lieu of induction into the armed forces. We affirm.

Berry was classified I-O (Conscientious Objector) by his local Board on May 20, 1968. Three days before he was ordered to report to the Board for instruction to proceed for civilian work at Western State Hospital in lieu of induction he wrote the Board...

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