United States v. Richard Edward Long

Before BROWNING and CHOY, Circuit Judges, and THOMPSON, District Judge.

Long appeals from a conviction for willfully and knowingly failing to report for induction into the Armed Forces, in violation of 50 U.S.C. App. § 462. We reverse.

Long, a registrant with the Selective Service Board, listed as his address: Star Route, Mesa, Washington 99343. From mid-1971 to March 27, 1973, the date of the indictment, appellant was a musician with a band that performed in various places on the West Coast and in Hawaii. His mother, who lived near Mesa, Washington, would periodically pick up his mail and forward it to him wherever he would be performing at the time.

On June 2, 1972, an induction notice ordering Long to report July 12, 1972, was mailed to him at his Mesa address. The notice was never returned to the local board. On August 4, 1972, another notice to report for induction was mailed by certified mail to the same address, and the letter was returned to the local board unsigned.

On January 4, 1973, the FBI contacted Long’s mother, who in turn, informed appellant that the FBI was looking for him. Knowing that his lottery number had been called in 1972, Long suspected, when…