UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JAMES CHALMERS CLEMENCE, II, DEFENDANT-APPELLANT

9th Cir. | 1972-04-10
No. 71-2778
Before CHAMBERS, WRIGHT and GOODWIN, Circuit Judges.
460 F.2d 320 United States Court of Appeals for the Ninth Circuit (1972) Negative Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

In this prosecution for refusing induction [50 U.S.C. App. § 462], appellant relies primarily on his claim that there was no basis in fact for the local board’s classifying him I-A in the face of evidence of medical disability. The medical evidence did not clearly present a prima facie case for exemption; but if it did, the finding of acceptability by the examining center provides a basis for the classification in this case.

The trial court properly refused to redetermine appellant’s other claims. United States v. Shunk, 438 F. 2d 1204 (9th Cir. 1971); United States v. Brunges, 450 F. 2d 947 (9th Cir. 1971); and Ehlert v. United States, 402 U.S. 99, 91 S.Ct. 1319, 28 L.Ed.2d 625 (1971).


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