United States v. Philip Michael Ayala

Ayala was charged in a four-count indictment with violations of 50 U.S.C. App. § 462. The charges were: Count One, that Ayala secured disqualification for military service by falsely representing that he was undergoing active orthodontic treatment; Count Two, that he knowingly caused a false, improper and incorrect physical examination to be made at the Armed Forces Examination and Entrance Station by making the same false representation; Count Three, that he received I-Y classification (not currently qualified for service in the Armed Forces), to which he was not entitled, by making the same false representation; Count Four, that he knowingly failed and neglected to inform his local board, between the period November 12, 1970, to about March 8, 1971, that he was not undergoing active orthodontic treatment, a fact regarding his physical condition that might have resulted in his receiving a different classification. A jury found him guilty on all counts.

Ayala argues that his conviction on each of the four counts was in error. However, Ayala’s conviction on Count Four must be sustained. We therefore need not decide his contentions on the remaining counts. The sentences were…