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UNITED STATES v. CATE

No. 72-1020.

477 F.2d 536 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth David CATE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 7, 1973.

Attorney(s) appearing for the Case

Carl E. Larson, Asst. Federal Public Defender (argued), Rodney J. Shepherd, Asst. Federal Public Defender, E. Richard Walker, Federal Public Defender, Sacramento, Cal., for defendant-appellant.

Brewster Q. Morgan, Asst. U. S. Atty. (argued), Dwayne Keyes, U. S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before DUNIWAY, GOODWIN and WALLACE, Circuit Judges.

WALLACE, Circuit Judge:

Appellant was convicted for failure to report for induction in violation of 50 U.S.C. App. § 462. We reverse.

Although appellant had prior difficulties with the draft1, the salient facts are that on October 28, 1970, appellant was reclassified by his local board from 1-A-O (non-combatant service) to 1-O (conscientious objector) and was properly notified of the reclassification and of his right to appeal...

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