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UNITED STATES v. DEEP

No. 72-1623.

497 F.2d 1316 (1974)

UNITED STATES of America, Plaintiff-Appellee v. Sam John DEEP, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 10, 1974.

Attorney(s) appearing for the Case

Alan Saltzman (argued), of Saltzman & Goldin, Ronald F. Merlino, Los Angeles, Cal., for defendant-appellant.

Lawrence W. Campbell, Asst. U. S. Atty., (argued), Eric A. Nobles, Elgin C. Edwards, Asst. U. S. Attys., William D. Keller, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS, MERRILL, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE and SNEED, Circuit Judges.

OPINION

WALLACE, Circuit Judge:

Deep appeals his conviction of five counts of an indictment charging him with violations of the Selective Service Law and of a violation of 18 U.S.C. § 1001. The first, second, third and fifth counts, using different legal theories, essentially charged Deep with evading military service by knowingly making false representations to the Selective Service System that he was undergoing "active orthodontic treatment," when...

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