MacHado

MEMORANDUM OPINION GRANTING MOTION FOR JUDGMENT OF ACQUITTAL

I. FACTUAL SETTING.

Defendant, Pedro Lucas Machado, is charged with refusal to submit to induction. He raises in his defense the fact that the draft board which classified him I-A and issued his induction order did not comply with 32 C.F.R. 1604.52(c), which states in its pertinent part the following: “The members of local boards * * * shall also, if at all practicable, be residents of the area in which their local board has jurisdiction.”

The board involved herein is Local Board No. 65, the same board that was held to be improperly constituted four months ago in United States v. Beltran, No. 42330, (N.D.Calif. July 11, 1969), 306 F.Supp. 385 . The government has stipulated that three of the five members of Local Board No. 65 which serves one-half of Monterey County live outside the jurisdictional boundaries of that board. The defense relies on Beltran and United States v. DeMarco, No. 42377 (N.D.Calif. July 30, 1969), in its motion for judgment of acquittal. The government points to the contrary cases of United States v. Nussbaum, 306 F.Supp. 66 (N.D.Calif. October 22, 1969), and United States v. Kaul, 305 F.Supp.…