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UNITED STATES v. ERVIN

No. 71-2776.

464 F.2d 1021 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Philip Edward ERVIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 3, 1972.

Attorney(s) appearing for the Case

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

D. Henry Thayer, Asst. U. S. Atty. (argued), Eric A. Nobles, Lawrence Campbell, Asst. U. S. Attys., William D. Keller, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and COPPLE, District Judge.

PER CURIAM:

This is an appeal from a judgment entered by the trial judge after finding appellant guilty of violating 50 App. U.S.C. § 462 (refusal to submit to induction). We affirm.

Appellant contends that he should have been classified as a conscientious objector. The board, after reviewing his application for such classification and following a personal appearance, found that "he is not sincere and does not qualify as a conscientious objector."

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