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UNITED STATES v. STEWART

No. 719, Docket 73-1036.

478 F.2d 106 (1973)

UNITED STATES of America, Appellee, v. James Seth STEWART, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 25, 1973.

Attorney(s) appearing for the Case

Frederick B. Boyden, New York City, for defendant-appellant.

George E. Wilson, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., Richard J. Davis, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before SMITH, FEINBERG and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

James Seth Stewart, Jr., appeals from a judgment of conviction for willful refusal to submit to induction in the Armed Forces, 50 U.S.C. App. § 462(a), entered after a trial in the United States District Court for the Southern District of New York before Judge Charles L. Brieant, Jr., sitting without a jury. Appellant was sentenced on December 14, 1972, as a young adult offender, 18 U.S.C. §§ 4209, 5010(d), to a term of nine...

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