UNITED STATES v. MACIEL

No. 72-2403.

469 F.2d 718 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Anthony MACIEL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 15, 1972.


Attorney(s) appearing for the Case

Michael Kennedy (argued), Kennedy & Rhine, San Francisco, Cal., for defendant-appellant.

Robert E. Carey, Jr., Asst. U. S. Atty. (argued), F. Steele Langford, Asst. U. S. Atty., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before ELY and WALLACE, Circuit Judges, and SOLOMON, District Judge.


SOLOMON, District Judge:

Maciel appeals his conviction for refusing to submit to induction. 50 U.S.C. App. § 462(a).

Maciel registered with his local board in Reno, Nevada, in 1967, and the board classified him I-A in December, 1968. The Armed Forces Entrance Examining Station (AFEES) examined Maciel on April 8, 1969, and gave him special hearing tests in September, 1969. AFEES found Maciel physically fit for induction.

On October 10, 1969, Maciel...

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