United States v. Raymond Munoz

Munoz appeals from the judgment convicting him of refusing to comply with an order of his local board to submit to induction. 50 U.S.C.App. § 462(a).

He contends that the Notice of Call issued by the State Director of Selective Service, upon which the local board acted, was void. He urges, in effect, that under Section 5(b) of the Selective Service Act of 1967 (50 U.S.C. App. § 455(b) and' 32 C.F.R. §§ 1631.1-7 (1970), the State Director is required to issue a Notice of Call for a fixed number of registrants, not a group composed of registrants designated by numbers assigned to such registrants by lot (“random sequence numbers” 32 C.F.R. § 1631.5 (d); 32 C.F.R. § 1631.7 (b) (3)). We reject his contention. This same attack on the Random Sequence Method of' Call was recently made in United States v. Thompson, 443 F.2d 341 (9th Cir. 1971) and was rejected. We reaffirm that decision.

Nor does appellant’s remaining point have merit. The so-called “order of call” defense is a creature of the particular system of call which exists under the prevailing form of the regulations. The previous regulation was 32 C.F.R. § 1631.7 (1969). That regulation set up a specified order in which…