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UNITED STATES v. DROGE

No. 72-1219.

464 F.2d 439 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. David Allen DROGE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 31, 1972.

Attorney(s) appearing for the Case

Richard L. Romano (argued), San Francisco, Cal., for defendant-appellant.

Fredric F. Tilton (argued), John Cooney, Asst. U. S. Attys., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before DUNIWAY and CARTER, Circuit Judges, and WILLIAMS, District Judge.

DUNIWAY, Circuit Judge:

Droge appeals from his conviction of refusing to submit to induction into the Armed Forces in violation of 50 U.S.C. App. § 462(a).

Droge was classified I-A on January 13, 1970. On April 27, 1970, he filed a completed Form SSS 150 requesting classification as a conscientious objector (I-O). On August 24, 1970, the local board reopened his classification, but denied the I-O classification on the ground that he was not sincere, and...

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