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UNITED STATES v. FALK

No. 71-1213.

479 F.2d 616 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Stuart FALK, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 19, 1973.

Attorney(s) appearing for the Case

William J. Stevens, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., Gordon B. Nash, Jr., and William T. Huyck, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, HASTINGS, Senior Circuit Judge, KILEY, FAIRCHILD, CUMMINGS, PELL, and SPRECHER, Circuit Judges.

Reheard En Banc January 23, 1973.

SPRECHER, Circuit Judge.

This appeal reheard en banc requires us to focus closely upon the dividing line between presumptive regularity in the enforcement of penal laws and impermissible prosecutorial selectivity.

Jeffrey Falk was charged in a four-count indictment with refusing to submit to induction into the Armed Forces and with failure to possess a registration card or his 1968 and 1969 I-A classification...

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