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UNITED STATES v. CORDOVA

No. 71-1332.

454 F.2d 763 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur Francis CORDOVA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 9, 1972.

Attorney(s) appearing for the Case

Charles W. Johnson, Asst. U. S. Atty. (James L. Treece, U. S. Atty., with him on brief), for plaintiff-appellee.

Walter L. Gerash, of Gerash & Kaiser, Denver, Colo., Kenneth A. Padilla, Denver, Colo., on the brief, for defendant-appellant.

Before BREITENSTEIN, HILL and McWILLIAMS, Circuit Judges.

BREITENSTEIN, Circuit Judge.

A jury found defendant-appellant guilty of refusing to submit to induction into the Armed Forces of the United States in violation of 50 App.U.S.C. § 462(a) and he appeals.

After registration with his Local Board in August, 1966, defendant, with unimportant interruptions, was classified II-S or II-S(C) until July, 1969, when he was classified I-A and later ordered to report for induction. He refused induction and his file...

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