United States v. Alan Robert Scialabba

Alan Scialabba appeals his conviction in district court for refusing to submit to induction in violation of 50 U.S.C. App. § 462(a).

Although Scialabba’s original induction date was August 27, 1969, the local board postponed' that date to July 15, "1970, from whence this case arises. Scialabba contends that because this postponement of more than 330 days exceeded the 120 day maximum permitted under 32 C.F.R. § 1632.2 (a), his induction order was invalidated. We do not agree.

Following receipt of his induction order on August 14, 1969, Scialabba asked his local board for postponement of his induction and a hardship deferment, explaining that his student wife had one year remaining in school, that she was unemployed, and that he was working to support her. We think it clear, therefore, that the postponement of appellant’s induction for nearly one year after this request, was responsive to it and benefited him as it provided his wife with the amount of time needed to finish school. During this period, the appellant made at least three requests for postponement of his induction.

We therefore think the present case falls within our previous holdings that where the delays in the…