United States v. John Jay Heldt

Appellant was convicted and sentenced under 50 U.S.C.App. § 462 for his refusal to submit to induction. The only significant issue raised by his appeal is whether- the local board improperly accelerated his induction by directing more men to report than were authorized by the State Director’s call. We affirm.

Appellant was inducted pursuant to a call for 56 men sent to the local board by the State Director. The local board prepared delivery lists to fill requirements set for June 25, 1969. Sixty-one registrants, of whom Heldt was the 58th, were placed on this list. Nine of the 61, however, had been previously postponed.

Appellant argues that he was the 58th man called pursuant to an authorization to call only 56 men. The government responds that the nine inductees who had been previously postponed should not be counted towards meeting the local board’s quota. By their calculation, Heldt was 48th on a list of 52 registrants.

At issue, thus, is whether inductees previously postponed should have been counted towards meeting the local board’s monthly quota. If the previously postponed inductees should have been counted, appellant’s induction order was invalid.

Appellant relies…