U.S. Court of Appeals for the Ninth Circuit, 1973

United States v. Eric Simon

United States v. Eric Simon
U.S. Court of Appeals for the Ninth Circuit · Decided March 16, 1973 · Hamley, Merrill, Per Curiam, Schnacke
475 F.2d 813 (Federal Reporter, Second Series)

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.

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