Manuel Sanchez Gallegos v. United States of America, Daniel Howard Johnson v. United States of America, John Franklin Taylor v. United States

Here involved are three appellants, each heretofore convicted of knowingly failing and neglecting to perform a duty severally required of him under the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 462, to-wit: Johnson refused to obey an order to report to the local board office, and Gallegos and Taylor failed to report for work, after reporting to the local board office. Each conviction was heretofore affirmed by this court, sitting en banc. Johnson v. United States, 9 Cir. 1960, 285 F.2d 700 . We held that the requirement that a physical examination be given to every registrant within one hundred and twenty days prior to the time he reported for induction into the armed .services does not apply to persons ordered to report for civilian work in lieu of military service.

We relied, in part, on United States v. Manns, 7 Cir. 1956, 232 F.2d 709 at 712 , and Miller v. United States, 6 Cir. 1948, 169 F.2d 865 , which pointed out the different rule when a registrant is required to report for induction into the armed services, from that when the registrant reports for the non-combatant work of his choice. We rejected appellants’ argument, believing the “different…