475 F2d 813 United States v. Simon

475 F.2d 813

UNITED STATES of America, Plaintiff-Appellee,
v.
Eric SIMON, Defendant-Appellant.

No. 72-2371.

United States Court of Appeals,
Ninth Circuit.

March 16, 1973.

Ron Le Mieux, Los Angeles, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Eric A. Nobles, John Cameron, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before HAMLEY and MERRILL, Circuit Judges, and SCHNACKE,* District Judge.

PER CURIAM:

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1

Defendant was found guilty by a jury on five counts of violation of the Selective Service Act, 50 U.S.C. App. Sec. 462, for making false representations as to the condition of his teeth. We affirm.

2

Army Regulation 40-501, para. 7-12, provides generally that persons who wear orthodontic appliances are unacceptable for induction "as long as active treatment is required."

3

While defendant was undoubtedly wearing braces, there was ample evidence that, far from requiring "active treatment", he required no treatment at all, and that he knew it.

4

The business records of the dentist and the testimony of his assistant were properly received in evidence.

5

Affirmed.

*

Honorable Robert H. Schnacke, United States District Judge, Northern District of California, sitting by designation