UNITED STATES v. McGUIRE

No. 73-1036.

480 F.2d 1084 (1973)

UNITED STATES of America, Appellee, v. Felix James McGUIRE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 20, 1973.


Attorney(s) appearing for the Case

Allan R. Rosenberg, Boston, Mass., with whom Putnam, Bell & Russell, Boston, Mass., on brief, for appellant.

Robert B. Collings, Asst. U. S. Atty., with whom James N. Gabriel, U. S. Atty., Boston, Mass., on brief for appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.


COFFIN, Chief Judge.

This appeal, challenging a judgment of conviction, after trial without a jury for refusal to submit to induction raises the issue we find critical—whether the district court erred in finding a basis in fact for denial of appellant's claim of conscientious objector status. The basis relied upon was lack of sincerity, which derived from two factors: a delay of one and a half months in claiming CO status after reclassification into I-A and...

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