What is the test for reversing a judgment of conviction for failure to appear for a pre-induction physical examination?

MultiRegion, United States of America

The following excerpt is from United States v. Hayden, 445 F.2d 1365 (9th Cir. 1971):

Contrary to the view taken by the majority, I believe the decision in United States v. Zmuda, 423 F.2d 757 (3d Cir.), cert. denied, 398 U.S. 960, 90 S.Ct. 2176, 26 L.Ed.2d 545 (1970), from which a quotation appears in the majority opinion, to be convincingly persuasive that the majority erred in reversing appellant's judgment of conviction for failure to appear for a pre-induction physical examination.

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