Beltran

This matter was before the Court on Defendant’s motion to acquit after the close of the government’s case. The Defendant’s Selective Service file reflects that on March 6, 1967, he was classified I-A. On December 27, 1967, he was ordered to report for induction on January 18, 1968. Defendant did not report and was processed as a delinquent on February 5, 1968; his delinquency was reported to the United States Attorney on April 29, 1968. On January 21, 1969, the Defendant requested that he be reclassified I-O. The Board considered this tardy request and refused to re-open his file. That the board need not re-open in such circumstances is clear. Palmer v. United States, 401 F.2d 226 (9th Cir. 1968). That the board may re-open is also clear. 32 C.F.R. § 1625.14 . Any re-classification by the board must be reported to the United States Attorney, obviously because such board action may have a bearing on the United States Attorney’s decision to proceed with or decline prosecution. 32 C.F.R. § 1642.42 .

The Defendant contends that this motion to acquit should be granted because his local board was not properly constituted at the times his classification was considered.…