United States v. Gary Allen Melby

This is an appeal from a conviction for failure to report for induction into the armed services, a violation of 50 U.S.C. App. § 462.

Appellant registered with his local board in June 1965, was classified I-A, and was ordered to report for induction in August 1966. This induction order was cancelled on September 14, 1966, and appellant placed in class III-A because his wife had become pregnant. On April 7, 1967, appellant completed a Current In formation Questionnaire, stating that he lived with his wife and giving the same address for himself and his mother. On November 17 and December 9, 1969, the board sent appellant Dependency Questionnaires, which were never returned. The board then ordered the appellant to appear before them on January 5, 1970, which appellant failed to do. On February 19, 1970, the board received a letter which stated that the defendant was not living with his wife and child, but only with his mother. A month later, the board reclassified appellant I-A; appellant did not request a personal appearance or an appeal from this classification.

An order to report for induction on June 2, 1970, was mailed to appellant on May 19, 1970. He reported as ordered, and…