MEMORANDUM & ORDER
DEVITT, Chief Judge.
This criminal action was tried to the court with jury waived on June 2, 1972. The indictment, returned March 10, 1972, charged defendant with failing on two occasions to comply with orders of his local Selective Service Board to report for and submit to induction into the Armed Forces of the United States.
Material contained in defendant's Selective Service file indicates that defendant
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