United States v. Robert Edward Reeb

Robert Edward Reeb appeals from his conviction for refusing to submit to induction in violation of 50 U.S.C. App. § 462.

The Government argues that we do not have jurisdiction to entertain this appeal because Reeb was committed for a sixty-day observation and study under 18 U.S.C. § 5010 (e). Such a commitment, the Government contends, does not constitute a final decision of the district court within the meaning of 28 U.S.C. § 1291 .

We hold that such a commitment constitutes imposition of sentence insofar as appealability is concerned. See United States v. Fort, 133 U.S.App.D.C. 155 , 409 F.2d 441 (1969). This court therefore has jurisdiction.

One of Reeb’s defenses at the trial was that he was improperly classified I-A, because his local board, Selective Service Local Board No. 57, San Mateo County, California, was improperly constituted. Reeb asserts that the court erred in rejecting this defense.

The point involves the statutory and regulatory residence provisions governing local board membership. Title 50 U.S.C. App. § 460(b) (3) provides that each member of any local board shall reside in the county or political subdivision corresponding thereto in which such local board…