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UNITED STATES v. BLAKELY

No. 73-2975. Summary Calendar.

491 F.2d 120 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Davis BLAKELY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 16, 1974.

Attorney(s) appearing for the Case

Hal H. McCaghren, West Palm Beach, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., David F. McIntosh, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

Jeffrey Davis Blakely was convicted of failing to report for induction into the Army and for failing to keep his local draft board apprised of his address. 50 U.S.C.A. App. § 462. This Court had previously affirmed Blakely's I-A classification based on his ineligibility for a discretionary III-A classification. The factual background is set forth in that opinion. Blakely v. S.S.S. Local Board #143,

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