OPINION
BOWNES, District Judge.
On September 10, 1971, the defendant was indicted for failure to comply with an order of his local draft board to submit to an Armed Forces physical examination. 32 C.F.R. 1628.16; 50 U.S.C. Appendix § 462(a). After being advised of his rights, he waived trial by jury and agreed to the following stipulation of facts:
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