UNITED STATES v. FOX

No. 71-1917.

454 F.2d 593 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Peter Arthur FOX, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 18, 1972.


Attorney(s) appearing for the Case

Martha Goldin (argued), of Saltzman & Goldin, Hollywood, Cal., for defendant-appellant.

Kenneth P. Snoke, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., Eric A. Nobles, Asst. U. S. Atty. and Chief, Criminal Div., Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL and DUNIWAY, Circuit Judges, and CROCKER, District Judge.


DUNIWAY, Circuit Judge:

Appellant Fox was convicted for failure to report for induction into the Armed Forces in violation of 50 U.S.C. App. § 462. We reverse.

Fox was declared delinquent by his Selective Service Board on July 10, 1969, for his failure to appear for preinduction physical examinations as ordered on four separate occasions. On July 28, 1969, Fox was ordered to report for induction on August 19, 1969, which he failed to do. He likewise failed...

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