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UNITED STATES v. THOMPSON

No. 71-1274.

443 F.2d 341 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. James Earl THOMPSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 23, 1971.

Attorney(s) appearing for the Case

John T. Hansen (argued), San Francisco, Cal., for defendant-appellant.

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

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

HAMLIN, Circuit Judge:

James Earl Thompson, appellant herein, was charged in an indictment filed in the United States District Court for the Northern District of California with having refused to submit to induction into the armed forces of the United States, a violation of 50 U.S.C. App. § 462. Having waived a jury, he was tried to the court, was found guilty and sentenced to the custody of the Attorney General. He filed a timely appeal to this court.

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