UNITED STATES v. TOBIAS

No. 19351.

447 F.2d 227 (1971)

UNITED STATES of America v. Melvin Harvey TOBIAS, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 25, 1971.

As Amended on Denial of Rehearing September 3, 1971.


Attorney(s) appearing for the Case

Allan H. Cohen, Gatz, Cohen & O'Brien, and Michael Malakoff, Pittsburgh, Pa., for appellant.

Kathleen Kelly Curtin, Asst. U. S. Atty., Pittsburgh, Pa. (Richard L. Thornburgh, U. S. Atty., Pittsburgh, Pa., on the brief) for appellee.

Before HASTIE, Chief Judge, and KALODNER and ALDISERT, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

This is an appeal from a conviction for unlawfully failing to report for induction into the armed services. Certain of the errors relied upon by appellant "presuppose that he perfected a claim for conscientious objector status which should have been, but was not, processed by his local board," United States v. Silvera, 441 F.2d 1152 (3 Cir. 1971...

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