United States v. Barry Patrick Dannehy

Barry Patrick Dannehy appeals his conviction for refusing to submit to induction into the Armed Forces in violation of 50 U.S.C. App. § 462. We affirm.

Dannehy was a registrant of Local Board No. 1 in Anchorage, Alaska. On March 25, 1969, his local board mailed him an order to report for induction in Anchorage on May 5. The order was mailed to Dannehy at his temporary address in Eugene, Oregon, where he was in college. His attention was drawn to the final paragraph of the order which indicated that if reporting in Anchorage was a serious hardship, he could report to any local board which would arrange for his induction at a more convenient location.

After receiving the order, Dannehy went to Local Board No. 13 in Eugene and requested induction there rather than in Anchorage. In response to this request, the Eugene board requested his records from Anchorage and they were forwarded within a few days. On May 20, the Eugene board issued Dannehy an order to report for induction as a transferred registrant, directing him to report per his request, in Eugene on June 18.

Without further contact with the Eugene board, Dannehy left Oregon at the end of the school term and on June 6…