UNITED STATES v. SPENCER

No. 74-3325.

517 F.2d 923 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Eric Russell SPENCER, a/k/a France DeLeon Turnur and Tschaka Shabazz Akinole, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 3, 1975.


Attorney(s) appearing for the Case

Alan L. Isaacman, Deputy Fed. Public Defender (argued), Los Angeles, Cal., for defendant-appellant.

Franklin L. Dacca, Asst. U. S. Atty. (argued), Los Angeles, Cal., for plaintiff-appellee.

Before WRIGHT and SNEED, Circuit Judges, and POWELL, District Judge.


OPINION

EUGENE A. WRIGHT, Circuit Judge:

Spencer was convicted by a jury of knowingly making a false, improper, and incorrect registration with his local draft board. [Selective Service Act of 1967, as amended, 50 U.S.C., App. § 462(a) (1970).] He was placed on probation and filed notice of appeal. We reverse.

In December 1965, at age 17, Spencer enlisted in the Army, served on active duty for over one and one-half years and was discharged...

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