UNITED STATES v. SIMON

No. 72-2371.

475 F.2d 813 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Eric SIMON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 16, 1973.


Attorney(s) appearing for the Case

Ron Le Mieux, Los Angeles, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Eric A. Nobles, John Cameron, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before HAMLEY and MERRILL, Circuit Judges, and SCHNACKE, District Judge.


PER CURIAM:

Defendant was found guilty by a jury on five counts of violation of the Selective Service Act, 50 U.S.C. App. § 462, for making false representations as to the condition of his teeth. We affirm.

Army Regulation 40-501, para. 7-12, provides generally that persons who wear orthodontic appliances are unacceptable for induction "as long as active treatment is required."

While defendant was undoubtedly wearing braces, there was ample evidence...

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