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UNITED STATES v. BUTLER

No. 74-1036.

496 F.2d 142 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Haesi Heribert BUTLER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 7, 1974.

Attorney(s) appearing for the Case

Geoffrey G. Gilbert, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., Robert F. Semmer, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, HASTINGS, Senior Circuit Judge, and SPRECHER, Circuit Judge.

SPRECHER, Circuit Judge.

Defendant was indicted in four counts: failure to report for induction on August 12, 1970(I); failure to report for induction on November 8, 1971 (II); making a false statement bearing upon his classification on December 10, 1968 (III); and making a false statement bearing upon his classification on June 10, 1969 (IV).

Defendant's motion to dismiss Counts I and II was granted on the basis that defendant was denied due process of law...

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