United States v. Lawrence Joseph Dell'anno

This is an appeal from a conviction for failure to report for induction. 50 U.S.C. App. § 462.

As is the case with many problems arising under the Selective Service Act, the dates of significant events are most important to a resolution of the issues. These dates are as follows:

Composition of the Local Board

Appellant argues that the board was improperly constituted because two members were not residents of the area in which the board has jurisdiction. 32 C.F.R. § 1604.52 (c). Hence, he asserts, the orders of that board were invalid. That question has been decided by this circuit contrary to appellant’s contention. United States v. Reeb, 433 F.2d 381 (9th Cir. 1970).

The Claim of a III-A Fatherhood Deferment

The substantial claim presented by appellant is that he was entitled to a III-A deferment because he presented to the board on April 25, 1967, proof of marriage and a doctor’s certificate of the pregnancy of his wife. The government does not question the bona fides of this proof.

Section 1622.30 stating the III-A classification defines the term “child” as including a child from the date of conception.

However, Section 1625.2 of Title 32 C.F.R. provides that once an…