UNITED STATES v. ATKINS

No. 75-2754.

528 F.2d 1352 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Henry Samuel ATKINS, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 21, 1976.


Attorney(s) appearing for the Case

John H. Ruffin, Jr., Augusta, Ga., Fred H. Cohn, American Civil Liberties Union Foundation, New York City, for defendant-appellant.

R. Jackson B. Smith, Jr., U.S. Atty., Augusta, Ga., Robert W. Vayda, Atty., Criminal Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before WISDOM, COLEMAN and GEE, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 21, 1976.

COLEMAN, Circuit Judge.

Appellant Henry Samuel Atkins, Jr., a practicing attorney, appeals from his jury conviction for wilfully and knowingly failing to report for and submit to an Armed Forces physical examination in violation of 50 U.S.C. App. § 462. We affirm the judgment of the District Court.

From September, 1962 to June, 1966, Atkins was in undergraduate school and was classified by...

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