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UNITED STATES v. BOUCHER

No. 74-1533.

509 F.2d 991 (1975)

UNITED STATES of America, Appellee, v. Robert Ronald BOUCHER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 23, 1975.

Attorney(s) appearing for the Case

Larry B. Leventhal, Minneapolis, Minn., for appellant.

Thorwald H. Anderson, Jr., Asst. U. S. Atty., Minneapolis, Minn., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, and BRIGHT and ROSS, Circuit Judges.

BRIGHT, Circuit Judge.

Robert Ronald Boucher appeals from his conviction after a court trial of knowingly refusing to register with the Selective Service System in violation of 50 U.S.C. App. § 462(a).1 Boucher argues that (1) the Government failed to prove a "knowing" violation as required by the statute, and (2) the Government engaged in discriminatory selective prosecution in violation of his fifth amendment rights. We reverse...

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