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UNITED STATES v. BINGHAM

No. 72-2688.

484 F.2d 365 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Kimberly Stiles BINGHAM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended August 31, 1973.

Attorney(s) appearing for the Case

Michael S. Kelley (argued), Berkeley, Cal., for defendant-appellant.

Robert E. Carey, Jr., Asst. U. S. Atty. (argued), James L. Browning, U. S. Atty., James Bruen, Chester G. Moore, III, Asst. U. S. Attys., San Francisco, Cal., for plaintiff-appellee.

Before WRIGHT and WALLACE, Circuit Judges, and KELLEHER, District Judge.

WALLACE, Circuit Judge:

Bingham was convicted for failing to report for induction in violation of 50 U.S.C.App. § 462(a). We affirm.

I

Bingham first contends that his conviction must be reversed because the clerk who, subsequent to sending him an order to report, received Selective Service Forms 127 and 217 failed to submit them to the local board for its consideration. In the Form 127 (Current Information Questionnaire), he stated he was a...

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