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437 F.2d 419

Docket No. 25917.

United States v. Fox

Ninth Circuit Court of Appeals

Decided Jan. 22, 1971.

Ninth Circuit Court of Appeals · decided 1971-01-22

Cited by 1 later decisions — most recently January 1971

1 federal appellate ·

2 counsel of record

Applies 50 U.S.C. § 3811

Relies on United States v. Reeb · United States v. Wallace · United States v. Berger

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-01-22

View the full empirical analysis of this case →

¶1Wayne Dryden, Pasadena, Cal., for appellant.

¶2Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., Andrew R. Willing, Asst U. S. Atty., Los Angeles, Cal., for appellee.

¶3Before ELY, CARTER, and HUF-STEDLER, Circuit Judges.

¶4PER CURIAM:

¶5The sole issue on this appeal from appellant’s conviction for refusing induction into the armed services in violation of 50 U.S.C. App. § 462 is whether or not his local Board’s order to report for induction was invalid because two of the five Board members resided outside the area of the Board’s jurisdiction when the appellant was classified I-A.

¶6This court has held that portion of 32 C.F.R. § 1604.52(c), since rescinded, stating the residence qualifications on which appellant relies, is directory, not mandatory. United States v. Thaxter (9th Cir. 1971) 437 F.2d 417; United States v. Berger (9th Cir. 1970) 434 F.2d 610; United States v. Wallace (9th Cir. 1970) 435 F.2d 12; United States v. Reeb (9th Cir. 1970) 433 F.2d 381.

¶7The judgment is affirmed.

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