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UNITED STATES v. MARTIN

No. 82-2425.

733 F.2d 1309 (1984)

UNITED STATES of America, Appellant, v. Russell James MARTIN, a/k/a Rusty Martin, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 4, 1984.

Attorney(s) appearing for the Case

Evan L. Hultman, U.S. Atty., Robert L. Teig, Asst. U.S. Atty., N.D. Iowa, Cedar Rapids, Iowa, for appellant; David J. Kline, Senior Legal Advisor, General Litigation and Legal Advice Sec. Crim. Div., U.S. Dept. of Justice, Washington, D.C., of counsel.

Mark W. Bennett, Staff Counsel, Iowa Civil Liberties Union, Des Moines, Iowa, Charles S. Sims, American Civil Liberties Union Foundation, New York City, Peter M. Shane, Iowa City, Iowa, David E. Landau, American Civil Liberties Union Foundation, Washington, D.C., for appellee.

Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG and BOWMAN, Circuit Judges, en banc.

FAGG, Circuit Judge.

Russell James Martin was indicted for failing to register with the Selective Service System in violation of 50 U.S.C.App. §§ 453(a) and 462(a). The indictment charged in pertinent part:

Beginning on or about July 27, 1980, and continuing until on or about August 20, 1982, * * * Russell James Martin * * * did knowingly and wilfully fail, evade and refuse to present himself for and submit to registration * * *.

Martin...

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