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UNITED STATES v. FOUST

No. 71-1338.

457 F.2d 653 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Allen FOUST, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 24, 1972.

Attorney(s) appearing for the Case

John W. Madden III, Asst. U. S. Atty., Denver, Colo. (James L. Treece, U. S. Atty., Denver, Colo., on the brief), for plaintiff-appellee.

Joseph Saint-Veltri, Denver, Colo., for defendant-appellant.

Before SETH and DOYLE, Circuit Judges, and MECHEM, District Judge.

MECHEM, District Judge.

Steven Allen Foust was convicted for failure to submit to induction in the Armed Forces of the United States pursuant to 50 U.S.C. App. § 462(a). This appeal was brought to determine whether it was plain error pursuant to Rule 52(b) of the Federal Rules of Criminal Procedure for the district court to take judicial notice of the Selective Service mail regulation, 32 C.F.R. § 1641.3. The argument in essence is that the reading of this...

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