No. 73-1179.

485 F.2d 1378 (1973)

UNITED STATES of America, Appellee, v. Henry Joseph GUTIERREZ, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 4, 1974.

Attorney(s) appearing for the Case

Martha Goldin, Atty. (argued), Los Angeles, Cal., for appellant.

Dale H. Thayer, Asst. U. S. Atty. (argued), William D. Keller, U. S. Atty., Eric A. Nobles, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before MERRILL and WALLACE, Circuit Judges, and CONTI, District Judge.

CONTI, District Judge:

Defendant, in this selective service case, was convicted on two counts of failure to report for a preinduction physical.

While classified II-S, near the end of his senior year in college, defendant was ordered to report for a preinduction physical on March 25, 1970. He wrote the draft board that he had an important meeting to attend and failed to report for the physical. He was again ordered to report on August 26, 1970, and again failed...

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