United States v. Eric Simon

U.S. Court of Appeals for the Ninth Circuit
United States v. Eric Simon, 475 F.2d 813 (9th Cir. 1973)
Hamley, Merrill, Per Curiam, Schnacke

United States v. Eric Simon

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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Eric SIMON, Defendant-Appellant
Status
Published