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UNITED STATES v. KELLY

Crim. A. No. 70-71.

336 F.Supp. 686 (1972)

UNITED STATES of America v. Henry David KELLY, Jr.

United States District Court, E. D. Pennsylvania.

January 20, 1972.

Attorney(s) appearing for the Case

Faith Whittlesey, Asst. U. S. Atty., Philadelphia, Pa., for plaintiff.

Burton Caine, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

FULLAM, District Judge.

Defendant is charged with having violated the Military Selective Service Act of 1967, 50 App. U.S.C. §§ 453, 462 (1970), by failing to register for the draft. He has moved under Fed.R. Crim.P. 12 to dismiss the indictment on four grounds:

1. Since defendant did register, after his indictment, there is no public interest in continuing the prosecution; 2. Since defendant supplied to...

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