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UNITED STATES v. McGARVA

No. 71-2075.

464 F.2d 1388 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Bruce McGARVA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 1, 1972.

Attorney(s) appearing for the Case

Lawrence Kanzer, Miami, Fla. (court appointed), for defendant-appellant.

Robert W. Rust, U. S. Atty., Mervyn L. Ames, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

BY THE COURT:

ORDER IN COMPLIANCE WITH MANDATE OF UNITED STATES SUPREME COURT

By our prior opinion in this case, United States v. McGarva, 5 Cir. 1972, 453 F.2d 918, we affirmed McGarva's conviction for willfully failing and refusing to submit to induction into the armed forces of the United States, in violation of Section 462, Title 50, Appendix, United States Code. On May 30, 1972, the Supreme Court vacated our judgment...

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