United States v. Robert Gene Rosebear

VAN OOSTERHOUT, Senior Circuit Judge.

Defendant Robert Gene Rosebear brings this timely appeal from his conviction upon an indictment charging him with willful and knowing failure to submit to induction into the armed services in violation of 50 U.S.C. App. § 462. He also appeals from an order reported at 353 F.Supp. 121 (D.Minn.1973) denying his pre-trial motion to dismiss, which had been brought on the grounds that the defendant is a member of the Indian race and that this status and certain treaties prevented him from being involuntarily compelled to serve in the armed forces. The defendant…