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UNITED STATES v. AUFDENSPRING

No. 25811.

439 F.2d 388 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Lee AUFDENSPRING, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 11, 1971.

Attorney(s) appearing for the Case

Neil F. Horton (argued), Johnston, Klein & Horton, Oakland, Cal., for appellant.

Alan H. Friedman, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Richard H. Kirschner, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, JERTBERG and MERRILL, Circuit Judges.

PER CURIAM:

Appellant was convicted of refusing to submit to induction into the Armed Forces of the United States, in violation of 50 U.S.C. App. § 462.

Appellant was classified I-A by his local board on July 22, 1964, and so notified. On October 24, 1966, he was ordered to report for induction on November 22, 1966. He did report but his induction was held in abeyance pending determination of his acceptability.

On November 25, 1966, appellant...

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