UNITED STATES v. GAZDA

No. 73-2093.

499 F.2d 161 (1974)

UNITED STATES of America v. Robert James GAZDA, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 28, 1974.


Attorney(s) appearing for the Case

Marjorie H. Matson, Michael P. Malakoff, Berger & Kapetan, Pittsburgh, Pa., for appellant.

Richard L. Thornburgh, U. S. Atty., David M. Curry, Asst. U. S. Atty., for appellee.

Before ROSENN and HUNTER, Circuit Judges, and HANNUM, District Judge.


OPINION OF THE COURT

ROSENN, Circuit Judge.

Appellant, Robert James Gazda, was convicted of failing to submit to induction in violation of 50 App. U.S.C. § 462(a). On November 13, 1973, he was sentenced to a term of four years imprisonment plus costs. On appeal, Gazda alleges various errors by his local draft board and by the trial court. Because we agree with his contention that the order directing him to report for induction was invalid and untimely...

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