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WOOSLEY v. UNITED STATES

No. 71-1691.

478 F.2d 139 (1973)

Robert Michael WOOSLEY, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 24, 1973.

Attorney(s) appearing for the Case

Dale L. Rollings, St. Charles, Mo., for defendant-appellant.

Robert E. Grote, Asst. U. S. Atty., St. Louis, Mo., for plaintiff-appellee.

Before MATTHES, Chief Judge, VAN OOSTERHOUT, Senior Circuit Judge, and MEHAFFY, GIBSON, LAY, HEANEY, BRIGHT, ROSS and STEPHENSON, Circuit Judges.

BRIGHT, Circuit Judge.

Upon this rehearing en banc of the instant appeal1 we grant relief to Robert Michael Woosley, a Jehovah's Witness, from a five-year prison sentence for refusing induction into the military service in violation of 50 U.S.C. App. § 462.

Appellant was convicted on his guilty plea, which the district court refused to permit him to withdraw. Woosley then appealed the conviction. We sustained this ruling...

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