United States v. Jesus Gabriel Martinez

Appellant was convicted in a non-jury trial of a violation of 50 U.S.C. App. § 462, failure to report for induction into the Armed Services. He appeals. We affirm.

In 1966, appellant registered with his local board and was classified I-S-H, a high school deferment. In October, 1967, he was reclassified I-A. After mailing of the I-A notice of classification, the board received a letter from an educational institution informing the board that appellant was enrolled as a student and scheduled to graduate in January, 1968. In November, 1967, the board considered the letter and decided not to reopen. Later in November, the board mailed to appellant Form C-140, notifying him that the facts presented did not warrant a reopening of his classification and informing that his induction would be postponed if he provided proof that he was a full-time student. No such proof was forthcoming and on December 19th, he was ordered to report for a physical examination. On January 5th, the board, at appellant’s request, postponed his physical examination until February. Later, appellant was ordered to report for his physical on February 15th. On that date, the appellant reported as ordered, was found…