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UNITED STATES v. ZANNINI

No. 73-2358.

490 F.2d 1226 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Craig ZANNINI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 25, 1974.

Attorney(s) appearing for the Case

Jerome Fishkin (argued), San Francisco, Cal., for defendant-appellant.

James R. Browning, Jr., U. S. Atty., Chester G. Moore III, Asst. U. S. Atty. (argued), San Francisco, Cal., for plaintiff-appellee.

Before ELY and WRIGHT, Circuit Judges, and JAMESON, District Judge.

OPINION

JAMESON, District Judge:

Appellant was convicted in a jury-waived trial of refusal to submit to induction into the Armed Forces in violation of 50 U.S.C. App. § 462(a).

Appellant registered for the draft on November 15, 1966. He received a pre-induction physical on February 9, 1968 and was found acceptable for induction. He was last classified 1-A on June 17, 1970 and did not appeal this classification. On September 11, 1970 appellant...

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