ORDER GRANTING MOTION TO DISMISS INDICTMENT.
PECKHAM, District Judge.
The Defendant has made a motion to dismiss the indictment against him pursuant to Fed.R.Crim.P. 12. Defendant contends that his constitutional rights were violated because his request to have his attorney present during the personal appearance on his conscientious objector claim was denied pursuant to 32 C.F.R. § 1624.1(b) which provides:
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