United States of America, Plaintiff and Appellee, v. Joel Mark De Smet, Appellant, 456 F.2d 1311 (9th Cir. 1972)

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U.S. Court of Appeals for the Ninth Circuit - 456 F.2d 1311 (9th Cir. 1972) April 11, 1972

Joel Shawn (argued), of Lukes & Bassoni, San Francisco, Cal., for appellant.

Stephen E. Clark (argued), of Athearn, Chandler, & Hoffman, James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before CHAMBERS and HAMLIN, Circuit Judges, and JAMESON, District Judge.


The judgment of conviction in this selective service case is affirmed.

We decide here that if there was some irregularity in the "call" process, there is no evidence of prejudice to De Smet.

However, we reject the contention that there was irregularity in the "calling."