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UNITED STATES v. MELBY

No. 71-3045.

465 F.2d 929 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Allen MELBY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 24, 1972.

Attorney(s) appearing for the Case

Michael D. Nasatir, of Nasitir, Sherman & Hirsch, Beverly Hills, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Jerry L. Newton, Barbara Meiers, Eric A. Nobles, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL, ELY and TRASK, Circuit Judges.

TRASK, Circuit Judge:

This is an appeal from a conviction for failure to report for induction into the armed services, a violation of 50 U. S.C. App. § 462.

Appellant registered with his local board in June 1965, was classified I-A, and was ordered to report for induction in August 1966. This induction order was cancelled on September 14, 1966, and appellant placed in class III-A because his wife had become pregnant. On April 7, 1967, appellant completed...

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