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UNITED STATES v. MARTINEZ

Crim. A. No. 71-238.

350 F.Supp. 971 (1972)

UNITED STATES of America v. Jesse James MARTINEZ, Defendant.

United States District Court, W. D. Pennsylvania.

November 14, 1972.

Attorney(s) appearing for the Case

David Curry, Asst. U. S. Atty., Pittsburgh, Pa., for plaintiff.

Richard J. Catalano, Pittsburgh, Pa., for defendant.

OPINION and ORDER

McCUNE, District Judge.

This is a criminal prosecution for defendant's alleged failure to report for induction in violation of 50 U.S.C.A. App. § 462(a). Defendant has moved to dismiss the indictment under Rule 12(b)(1).1 In connection with this motion defendant contends that we may properly under Rule 12(b) (1) consider defendant's Selective Service file and...

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