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UNITED STATES v. STAPLES

Nos. 72-1858, 72-1967.

470 F.2d 993 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. John Thomas STAPLES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 4, 1972.

Attorney(s) appearing for the Case

Martha Goldin (argued), Alan Saltzman, of Saltzman & Goldin, Hollywood, Cal., for defendant-appellant.

Richard A. Stilz, Asst. U. S. Atty. (argued), Eric A. Nobles, Asst. U. S. Atty., William D. Keller, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before BARNES and DUNIWAY, Circuit Judges, and JAMESON, District Judge.

PER CURIAM:

Staples appeals from his conviction of failing to report for induction into the Armed Forces as ordered by his local board, 50 U.S.C. App. § 462, and from an order denying his motion for a new trial. We affirm.

The appeal is on the ground that the board erroneously failed to classify him II-S, as a full time college student. When Staples was classified I-A in February of 1970, the information in his file indicated that he was not eligible...

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