United States v. Sean Timothy Doran

Defendant was convicted of refusing to submit to induction into the armed forces in violation of 50 U.S.C. App. § 462. We affirm.

Defendant’s sole contention on appeal is that the order to report for induction was invalid because it was signed by the local board clerk and there was no evidence that the local board actually selected and ordered the defendant to report for induction in accordance with Selective Service Regulation 32 C.F.R. § 1631.

In United States v. Baker, 416 F.2d 202 (9th Cir. Sept. 17, 1969), this court dealt with a virtually identical argument. We pointed out that although section 1631.7 “does suggest the need for a post-call meeting of a board, * * * an order of the Board contingent upon a later call is valid and that such an order may be implied from the action of a board in classifying a registrant I-A.” 416 F.2d 204 .

Applying these principles here, there was uncontroverted evidence that the defendant had been classified I-A by his local board, and no evidence indicating that further action in his case required any exercise of the board’s discretion; thus “the Government was not obliged to prove an express order of the Board directed to [Doran].” United…