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447 F.2d 496

Docket No. 71-1230.

United States v. Smith

Third Circuit Court of Appeals

Argued June 10, 1971.

Decided June 16, 1971.

Third Circuit Court of Appeals · decided 1971-06-16

Cited by 2 later decisions — most recently March 1972

1 federal appellate ·

2 counsel of record

Relies on United States v. Tobias

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-06-16

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¶1James W. Tracey, III, Wollman, Tracey & Schlesinger, Philadelphia, Pa., for appellant.

¶2Richard R. Galli, Asst. U. S. Atty., Philadelphia, Pa. (Louis C. Bechtle, U. S. Atty., on the brief), for appellee.

¶3Before STALEY and ADAMS, Circuit Judges, and GARTH, District Judge.

¶4OPINION OF THE COURT

¶5PER CURIAM:

¶6Appellant was convicted of having refused to perform alternate civilian service at the Williamsport Hospital in lieu of military service. He had been classified 1-0 by his local board despite his assertion of entitlement to a ministerial exemption.

¶7Appellant asserts that there was no basis in fact for his 1-0 classification and that the local board which classified him was composed of members from his county but that several members did not live within his area.

¶8We have carefully considered each of appellant’s arguments and find them to be without merit. See United States v. Tobias, 447 F.2d 227 (C.A.3, 1971).

¶9The judgment of the district court will be affirmed.

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