UNITED STATES v. ALVARADO

No. 26937.

444 F.2d 255 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Roger Talbot ALVARADO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 21, 1971.


Attorney(s) appearing for the Case

Norman Leonard, of Gladstein, Andersen, Leonard & Sibbett, San Francisco, Cal., for defendant-appellant.

James L. Browning, Jr., U. S. Atty., F. Steele Langford, Chief, Crim. Div., John G. Milano, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before ELY, WRIGHT and KILKENNY, Circuit Judges.


PER CURIAM:

Alvarado appeals his conviction for refusing induction into the armed forces in violation of 50 U.S.C. App. § 462. We affirm.

On April 21, 1967, Alvarado was mailed an order to report for induction on May 10, 1967. Thereafter, on April 27 he requested a copy of Selective Service Form 150 in order to claim a I-O deferment as a conscientious objector. The local board supplied the form, considered it upon return and concluded that re-opening...

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