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UNITED STATES v. DeHERRERA

No. 73-2523.

492 F.2d 265 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Arsenio DeHERRERA, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 19, 1974.

Attorney(s) appearing for the Case

Cark E. Larson, Asst. Public Defender (argued), Sacramento, Cal., for defendant-appellant.

Brewster Q. Morgan, Asst. U. S. Atty. (argued), Dwayne Keyes, U. S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before BROWNING and WALLACE, Circuit Judges, and WILLIAMS, District Judge.

OPINION

PER CURIAM:

DeHerrera was convicted on four counts for (1) failing to report for physical examination on November 19, 1970, (2) failing to submit for induction on January 19, 1971, (3) failing to keep the board advised of an address where mail would reach him and (4) failing to submit for induction on March 7, 1972.

DeHerrera asserts that he did report for a preinduction physical examination on September 17, 1970, and that if the Armed Forces...

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