United States of America, Plaintiff-appellee, v. Philip Dale Supina, Defendant-appellant, 428 F.2d 1226 (9th Cir. 1970)

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U.S. Court of Appeals for the Ninth Circuit - 428 F.2d 1226 (9th Cir. 1970) June 22, 1970

W. Edward Morgan, (argued) Tucson, Ariz., for defendant-appellant.

Joe Jencks, (argued) Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Jo Ann D. Diamos, Asst. U. S. Atty., for plaintiff-appellee.

Before MERRILL and KOELSCH, Circuit Judges, and WILKINS,*  District Judge.

PER CURIAM:


The judgment of conviction against Philip Dale Supina for refusing to submit to induction (50 U.S.C.App. § 462) is reversed.

The record discloses that this is another one of those cases in which the registrant was processed for induction as a "delinquent" by his Local Board after he failed to report for his physical examination. United States v. Stow, 427 F.2d 891 (9th Cir. filed May 27, 1970); see United States v. Broyles, 427 F.2d 358 (9th Cir. filed June 8, 1970); United States v. Thomas, 422 F.2d 1327 (9th Cir. 1970).

 *

Honorable Philip C. Wilkins, United States District Judge, Sacramento, California, sitting by designation