UNITED STATES v. SIMMONS

No. 72-2174.

476 F.2d 33 (1973)

UNITED STATES of America, Appellee, v. Alfred Lee SIMMONS, Appellant.

United States Court of Appeals, Ninth Circuit.

March 12, 1973.


Attorney(s) appearing for the Case

Michael D. Nasatir, of Nasatir, Sherman & Hirsch, Beverly Hills, Cal., for appellant.

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

Before MERRILL and CHOY, Circuit Judges and ENRIGHT, District Judge.


ENRIGHT, District Judge:

The appellant, Alfred Lee Simmons, was found guilty after jury trial for a knowing failure to report for induction into the armed forces of the United States. On this appeal, he raises four principal issues as grounds for reversal. He argues: (a) that he was denied due process when, after the originally assigned judge took ill, in apparent contravention of the applicable Local Rules, his case was specifically assigned to the trial judge rather...

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