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UNITED STATES v. AVERY

No. 72-3716 Summary Calendar.

475 F.2d 27 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Geoffrey Michael AVERY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 8, 1973.

Attorney(s) appearing for the Case

Gardner W. Beckett, Jr., St. Petersburg, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Claude H. Tison, Jr., Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 8, 1973.

PER CURIAM:

Geoffrey Michael Avery was convicted of knowingly and wilfully failing and refusing to perform a duty required of him by law, that is, he failed and refused to report to Local Board #30, St. Petersburg, Florida, in violation of § 462(a), Title 50 App., United States Code.

The appellant now claims that although he made no effort of any kind whatever to assert such a status he should...

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