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UNITED STATES v. DYER

No. 289-69.

421 F.2d 1332 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen Kent DYER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 6, 1970.

Attorney(s) appearing for the Case

Leonard W. D. Campbell, Asst. U. S. Atty. (James L. Treece, U. S. Atty., and Gordon L. Allott, Jr., Asst. U. S. Atty., on the brief), for appellee.

Elmer Lee Hamby, Denver, Colo., for appellant.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

PER CURIAM.

A jury found defendant-appellant guilty of failure to report for induction into the armed forces of the United States in violation of 50 U.S.C. App. § 462(a) and he was sentenced to an indeterminate term under the Youth Corrections Act. 18 U.S.C. § 5010(b). He attacks the order of induction on the ground that he was unlawfully subjected to a punitive advancement in the order of call because of his delinquency...

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