UNITED STATES v. De LISO

No. 72-2135.

468 F.2d 813 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Gilbert Joseph DE LISO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 24, 1972.


Attorney(s) appearing for the Case

Robert A. Kantor (argued), San Francisco, Cal., for defendant-appellant.

Robert E. Carey, Asst. U. S. Atty. (argued), Frederic F. Tilton, Chester G. Moore, III, Asst. U. S. Attys., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before DUNIWAY and CARTER, Circuit Judges, and McNICHOLS, District Judge.


PER CURIAM:

Following a bench trial, jury having been waived, appellant, De Liso, was found guilty of violation of 50 U.S.C. App. § 462(a) for refusal to submit to induction in the Armed Services.

In 1965, De Liso was, upon registration, initially classified I-A and found physically acceptable for induction. He subsequently applied for and was granted a series of student deferments under a II-S classification. Upon a determination by the local board that...

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