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UNITED STATES v. DAUGHERTY

No. 72-2898.

476 F.2d 961 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Clyde Lee DAUGHERTY, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 31, 1973.

Attorney(s) appearing for the Case

Martin Henner (argued), Palo Alto, Cal., for defendant-appellant.

Joseph E. Reeves, Asst. U. S. Atty. (argued), James L. Browning, U. S. Atty., Chester G. Moore, III, F. Steele Langford, Asst. U. S. Attys., Criminal Division, San Francisco, Cal., for plaintiff-appellee.

Before WRIGHT and WALLACE, Circuit Judges, and KELLEHER, District Judge.

PER CURIAM:

Daugherty appeals from his conviction, after trial by the Court, of failing to report for induction in violation of 50 U.S.C., App. § 462(a). Each of appellant's arguments has been considered. Only the contention that appellant was "passively misled" by his draft board deserves discussion. For the reasons indicated below we find it without merit and we affirm the judgment.

On February 26, 1971, an order to report for induction on March 24...

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