UNITED STATES v. LANIER

No. 72-2288.

470 F.2d 1368 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. David Stephen LANIER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 29, 1972.


Attorney(s) appearing for the Case

Bruce Silverman (argued), of Silverman, Ballard & Pagano, San Francisco, Cal., for defendant-appellant.

Robert E. Carey, Jr., Asst. U. S. Atty. (argued), Dennis Michael Nerney, James Bruen, Asst. U. S. Attys. James L. Browning, Jr., U. S. Atty., for plaintiff-appellee.

Before ELY and WALLACE, Circuit Judges, and SOLOMON, District Judge.


PER CURIAM:

Appellant appeals from his conviction for refusing to submit to induction. 50 U.S.C. App. § 462(a).

On July 20, 1970, appellant's local Selective Service Board ordered him to report for induction on August 26. On that day appellant said he was sick and the board rescheduled his induction for October 28. Again he failed to report.

On November 30, 1970, the board received a letter from a psychiatrist saying that appellant "showed evidence...

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