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UNITED STATES v. WAYTE

No. 82-1699.

710 F.2d 1385 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. David Alan WAYTE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 19, 1983.

Attorney(s) appearing for the Case

Steven S. Trott, U.S. Atty., Los Angeles, Cal., John Fichter De Pue, Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Mark S. Pulliam, Sepulveda, Cal., for amicus Gulf & Great Plains.

Mark Rosenbaum, American Civil Liberties Union of Southern Cal., Los Angeles, Cal., for defendant-appellee.

Joseph Beeler, Miami, Fla., for amicus Nat. Ass'n of Crim. Defense Lawyers.

Melinda R. Bird, Los Angeles, Cal., for amicus Nat. Lawyers Guild.

Before WRIGHT and SCHROEDER, Circuit Judges, and COUGHENOUR, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Wayte was indicted for failure to register for the draft under section three of the Military Selective Service Act, 50 U.S.C. App. § 453. The district court dismissed the indictment based on its finding of selective prosecution and its conclusion that the implementing Presidential Proclamation was issued invalidly. United States v. Wayte, 549 F.Supp. 1376 (C.D.Cal.1982).

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