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UNITED STATES v. KELLY

No. 72-2112.

469 F.2d 1310 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Patrick KELLY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 6, 1972.

Attorney(s) appearing for the Case

T. Roger Duncan, Hollywood, Cal., for defendant-appellant.

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

Before ELY and GOODWIN, Circuit Judges, and ENRIGHT, District Judge.

ALFRED T. GOODWIN, Circuit Judge.

Richard Kelly appeals his conviction for refusing to submit to induction into the Armed Forces. We affirm.

On August 18, 1965, Kelly registered with his local Selective Service board. At a properly scheduled preinduction physical examination administered on December 26, 1967, he was found acceptable for induction. After classifying him for a time as a student, the local board reclassified...

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