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UNITED STATES v. O'BRYAN

No. 21008.

450 F.2d 365 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. David Eugene O'BRYAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

October 27, 1971.

Attorney(s) appearing for the Case

Earl O'Bannon, Jr., Louisville, Ky., for defendant-appellant; Robert E. Delahanty, Louisville, Ky., on brief.

Edward M. Steutermann, Louisville, Ky., for plaintiff-appellee; George J. Long, U. S. Atty., A. Duane Schwartz, Asst. U. S. Atty., Louisville, Ky., on brief.

Before EDWARDS and MILLER, Circuit Judges, and McALLISTER, Senior Circuit Judge.

WILLIAM E. MILLER, Circuit Judge.

This is an appeal from a conviction for refusing to submit to induction into the Armed Forces of the United States, in violation of 50 U.S.C. App. § 462(a). The appellant, David Eugene O'Bryan, was tried by jury on September 23, 1970, before Honorable James F. Gordon, United States District Judge for the Western District of Kentucky, at Owensboro, Kentucky and found to be guilty. He was sentenced to five years imprisonment, the...

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