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UNITED STATES v. VELAZQUEZ

No. 170, Docket 73-1869.

490 F.2d 29 (1973)

UNITED STATES of America, Appellant, v. Jose Emiliano VELAZQUEZ, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 28, 1973.

Attorney(s) appearing for the Case

George E. Wilson, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., S. D. N.Y., John W. Nields, Jr., and S. Andrew Schaffer, Asst. U. S. Attys., on the brief), for appellant.

Michael D. Ratner, New York City (Richard A. Levy and Eisner, Levy & Steel, New York City, on the brief), for defendant-appellee.

Before KAUFMAN, Chief Judge, and LUMBARD and TIMBERS, Circuit Judges.

LUMBARD, Circuit Judge:

This is an appeal by the government under 18 U.S.C. § 3731 (as amended) from an order of the Southern District (Pierce, J.) dismissing an indictment which charged Jose Emiliano Velazquez with failure to submit to an armed forces physical examination (count I) and with failure to report for and submit to induction (count II), both in violation of 50 U.S.C. App. § 462(a).

The indictment in the case was filed July 25, 1972, and...

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