United States v. Eric Simon

Ninth Circuit

United States v. Eric Simon

475 F.2d 813

Court of Appeals for the Ninth Circuit·Decided March 16, 1973·No. 72-2371·Published

Opinion

PER CURIAM:

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

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.”

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.

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

Affirmed.

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PER CURIAM:

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

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.”

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.

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

Affirmed.

United States v. Eric Simon, 475 F.2d 813 (9th Cir. 1973).

Pincite

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