UNITED STATES v. CANTERO

No. 71-2289.

471 F.2d 1190 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Louis Felipe CANTERO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 29, 1972.


Attorney(s) appearing for the Case

Martha Goldin (argued), Alan Saltzman, of Saltzman & Goldin, Hollywood, Cal., for defendant-appellant.

Leslie E. Osborne, Jr., Eric A. Nobles, Asst. U.S. Attys., Robert L. Meyer, U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS, MERRILL, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, KILKENNY, TRASK, CHOY, GOODWIN and WALLACE, Circuit Judges.


PER CURIAM:

This appeal is taken from conviction of failure to report for induction into the armed forces, a violation of 50 U.S.C. App. § 462(a). The determinative question upon appeal is whether appellant's local board properly gave consideration to his claim for a I—Y (physical disability) classification.

Among the disqualifying physical conditions warranting a I—Y classification is "[b]ronchial asthma, except for childhood asthma with...

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