United States v. Clyde William Brunner

Clyde W. Brunner appeals his conviction for failure to report for induction on August 11, 1970, in violation of 50 U.S.C. App. § 462.

Brunner received his initial induction order in August, 1969. He failed to report, ostensibly because he was in the Riverside County Jail on the date of his induction. The local board sent him a notice of his continuing duty to report for induction, and scheduled four more induction dates. Brunner did not complete induction at any of them. He now challenges, on two grounds, his conviction for failing to report on the fifth induction date.

First, he asserts that the August, 1970 induction order was invalid because it was based on an order issued in August, 1969, more than one hundred and twenty days before the final induction date. The one-hundred-and-twenty-day provision of 32 C.F.R. § 1632.2 is inapplicable to this case for several reasons. First, there was no “extreme emergency beyond the registrant’s control” here. Brunner surrendered himself to the police. Second, any delay accrued to his benefit and cannot be counted toward the one-hundred-and-twenty-day limit. United States v. Foster, 439 F.2d 29 (9th Cir. 1971). Third, the…