United States v. Timothy Joseph Lee

Appellant stands convicted of failing to report to the Armed Forces Examining and Entrance Station on March 11, 1969, the date set for his induction. 50 U.S.C. App. § 462. On appeal, he renews three contentions made in the District Court. We have examined each and find them to be without merit. Accordingly, we affirm the conviction.

1. Appellant’s first contention, that he was denied a speedy trial or due process of law because of a two-year delay between the alleged failure to report and trial, is not well taken in light of United States v. Marion, 404 U.S. 307 , 92 S.Ct. 455 , 30 L.Ed.2d 468 (1971). Appellant was tried only two months after he became an “accused,” and there is nothing to indicate that the pre-in-dictment delay was purposeful and that appellant suffered substantial prejudice from the delay. See Saiz v. Eyman, 446 F.2d 884 (9th Cir. 1971).

2. Appellant also contends that the evidence was insufficient to establish receipt of the induction order. However, as the trial judge noted, the trier of fact was not required to accept appellant’s testimony that he did not receive it. United States v. Birnstihl, 441 F.2d 368 (9th Cir. 1971). Here the order was mailed to…