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UNITED STATES v. McGARVA

No. 71-2075 Summary Calendar.

453 F.2d 918 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Bruce McGARVA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 4, 1972.

Attorney(s) appearing for the Case

Lawrence Kanzer, Miami, Fla., court appointed, for defendant-appellant.

Robert W. Rust, U. S. Atty., Mervyn L. Ames, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Donald Bruce McGarva (appellant) was charged with willfully failing and refusing to submit to induction into the armed forces of the United States, in violation of Section 462, Title 50 Appendix, United States Code. Following a jury trial and verdict of guilty the trial court adjudged him guilty and imposed a thirty months confinement sentence. On this appeal he urges reversal of the judgment below on the ground that the induction order was...

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