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UNITED STATES v. TIERCE

No. 71-2330.

455 F.2d 511 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. James A. TIERCE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 23, 1972.

Attorney(s) appearing for the Case

Morris Futlick (argued), Fresno, Cal., for defendant-appellant.

William R. Allen, Asst. U. S. Atty. (argued), Fresno, Cal., for plaintiff-appellee.

Before CHAMBERS, KOELSCH and JERTBERG, Circuit Judges.

PER CURIAM:

James A. Tierce was convicted of failing to report for induction into the armed forces of the United States [50 U.S. C. App. § 462(a)]. On this appeal he urges as the sole ground for reversal of the judgment that the trial court erroneously refused to consider the validity of his I-A classification. We agree.

The trial court, although recognizing that Tierce had duly appealed his I-A classification to the State Board, held in substance that...

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