475 F2d 27 United States v. Avery

475 F.2d 27

UNITED STATES of America, Plaintiff-Appellee,
Geoffrey Michael AVERY, Defendant-Appellant.

No. 72-3716 Summary Calendar.*

United States Court of Appeals,
Fifth Circuit.

March 20, 1973.
Rehearing and Rehearing En Banc Denied May 8, 1973.

Gardner W. Beckett, Jr., St. Petersburg, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Claude H. Tison, Jr., Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.


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Geoffrey Michael Avery was convicted of knowingly and wilfully failing and refusing to perform a duty required of him by law, that is, he failed and refused to report to Local Board #30, St. Petersburg, Florida, in violation of Sec. 462(a), Title 50 App., United States Code.


The appellant now claims that although he made no effort of any kind whatever to assert such a status he should have been entitled to a conscientious objector classification.


The appeal falls squarely within the decision of this Court in United States v. Taylor, 5 Cir., 1971, 448 F.2d 349.


Consequently, the judgment of the District Court is




Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I