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UNITED STATES v. MILLER

No. 71-2549.

460 F.2d 293 (1972)

UNITED STATES of America, Appellee, v. James Phelps MILLER, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 1, 1972.

Attorney(s) appearing for the Case

Nathan R. Zahm (argued), Sherman Oaks, Cal., for appellant.

David H. Fox, Asst. U. S. Atty. (argued), Barbara Meiers, John F. Walter, Asst. U. S. Attys., Eric A. Nobles, Chief, Crim. Div., William D. Keller, U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES and GOODWIN, Circuit Judges, and SCHNACKE, District Judge.

PER CURIAM:

James Phelps Miller was convicted of violating 50 U.S.C.App. § 462 by refusing to be inducted into the Armed Forces. His collateral attack on the order of induction was rejected by the District Court. We affirm.

The asserted defect in the induction order was that it was 147 days old on the day Miller decided to refuse induction. His reliance upon our decisions allowing collateral attacks upon stale induction orders in cases of unreasonable...

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