UNITED STATES v. OBELGONER

No. 75-1393.

524 F.2d 464 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Vernon Henry OBELGONER, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 8, 1975.


Attorney(s) appearing for the Case

James M. Simons, Austin, Tex., for defendant-appellant.

John E. Clark, U. S. Atty., Jeremiah Handy, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before JONES, WISDOM and AINSWORTH, Circuit Judges.


PER CURIAM:

Vernon H. Obelgoner, Jr., was convicted and sentenced to three years in prison for failure to submit to induction into the United States Armed Forces, in violation of 50 U.S.C.App. § 462. He brings this appeal, alleging that he fully complied with the draft board's order rescheduling his date to report for induction and that accordingly, the indictment should have been dismissed. We agree with the appellant's contentions and reverse.

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