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UNITED STATES v. DAVIS

No. 74-1130.

506 F.2d 587 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Cletus Lester DAVIS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

November 8, 1974.

Attorney(s) appearing for the Case

Frederick J. McGavran, Kyte, Conlan, Wulsin & Vogeler, Cincinnati, Ohio (Court-appointed), for defendant-appellant.

William W. Milligan, U. S. Atty., Byron E. Trapp, John J. Cruze, Cincinnati, Ohio, for plaintiff-appellee.

Before CELEBREZZE and MILLER, Circuit Judges, and GRAY, District Judge.

FRANK GRAY, Jr., District Judge.

The appellant in this case was charged in a three-count indictment with wilfully and knowingly failing to perform a duty required of him under the Military Selective Service Act of 1967 and the rules, regulations, and directions promulgated thereunder, in violation of 50 U.S.C. Appendix § 462(a). In Count One, he was charged with failing to comply, on December 10, 1970, with an order of his local draft board to report for an Armed...

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