United States v. James Anthony Nobile

James Anthony Nobile appeals from his conviction in the United States District Court for violation of 50 U.S.C. App. § 462, refusal to be inducted into the armed services pursuant to the Military Selective Service Act of 1967. We affirm.

Appellant argues that his order to submit to induction was invalid because of improprieties in his physical examination. Specifically, he alleges prejudicial error warranting reversal of his criminal conviction because (1) he was accorded a two-day series of urine tests for the presence of sugar rather than a three-day series, and (2) he was not afforded the opportunity to have further tests performed by a private physician. There is no merit in these contentions.

The regulations giving rise to the need for a three-day test and further private tests do not grant these rights unless the Armed Forces Entrance and Examination Station personnel initially find a positive reading for the presence of sugar. Policy Guide for Medical Officers Assigned to Armed Forces Examining and Entrance Stations, USARC pam. 40-3, Sec. II, 3.d.(3); Utilization of USAREC Form 177, USAREC Reg. 40-3. No such reading was found.

Moreover, as appellant acknowledges,…