Ralph Kakumi Hara v. United States

Defendant-appellant, Ralph Kakuma Hara, was indicted on two counts of violating 50 U.S.C.App. Section 462 (Selective Service Act of 1967, § 12. Offenses and Penalties). Count I charged failure to report for induction into the armed forces, Count II failure to keep the Local Board advised of appellant’s current address. The case was tried, upon consent, by the court without a jury. At the close of the case Count II was dismissed for failure of proof, the government consenting thereto. The case was then submitted to the court upon written argument. The court’s decision is contained in its “Memorandum and Order.” Appellant was convicted on Count I. Imposition of sentence as to imprisonment was suspended, probation for a period of five years was imposed as was a fine of $3,000 payable at the rate of $50 per month. From the judgment of conviction, appellant appeals.

On appeal, appellant raises three points of error (1) admission of an unidentified entry in his Selective Service file of his failure to report for induction; (2) failure of the Local Board to grant appellant an interview with its Medical Advisor; and (3) failure of the Local Board to consider his student…