United States v. Richard Alan Glover

MEMORANDUM

Defendant was convicted in a court trial of the knowing failure to keep his local draft board advised at all times of the address where mail would reach him, in violation of 50 U.S.C. App. § 462 and 32 C.F.R. § 1641.3 (revised as of July 1, 1973, and renumbered 32 C.F.R. § 1641 .-1(a)(1)).

Defendant registered with his local draft board on February 13, 1970. In April, he returned his classification questionnaire, giving 4274 Toch Street, San Diego, as his home address and his grandmother’s name and address in Na-hunta, Georgia, as the name and address of the person who would always know his address.

On May 30, 1970, defendant moved from 4274 Toch Street, San Diego, to 6451 Salizar Court in the same city. His mother testified she left a forwarding address for him at the post office.

On June 21, 1972, two years later, the local board mailed to defendant at the Toch Street address an order for him to report for a physical examination on July 24, 1972. The letter was returned unopened, marked “Moved, not forward-able.”

On August 3, 1972, letters were then mailed to defendant’s stepfather at the Toch Street address and to his grandmother at her Georgia address. The…

(dissenting). I dissent.

*392 Under the majority opinion, appellant is left to stand convicted for actions which are not a crime and for which he was not indicted.

Appellant’s conviction was for knowing failure to keep his local draft board advised of the address where mail would reach him during the period of June 26, 1972, to August 11, 1972. The failure was charged to be in violation of 50 U.S.C. App. § 462 and 32 C.F.R. § 1641.3 (revised as of July 1, 1973 and renumbered 32 C.F.R. § 1641.1 (a)(1). Neither the evidence nor the trial court’s own findings establish that appellant was guilty of any such failure. Indeed, the evidence and those findings demonstrate the absence of proof establishing guilt beyond a reasonable doubt.

I agree that there is ample evidence to support a finding that appellant failed to keep his local board advised of changes in his home address during the period of June 26, 1972, to August 11, 1972. However, this failure does not suffice to support the conviction under 32 C.F.R. § 1641.3 , because it is uncontroverted that appellant did furnish the board with his grandmother’s address as that where mail would reach him. The furnishing of such an address…

514 F.2d 390 UNITED STATES of America, Plaintiff-Appellee, v. Richard Alan GLOVER, Defendant-Appellant. No. 74-2387. United States Court of Appeals, Ninth Circuit. March 11, 1975. Rehearing Denied May 9, 1975. 1 Warren R. Williamson, Trial Atty., Federal Defenders of San Diego, San Diego, Cal., for defendant-appellant. 2 Harry D. Steward, U. S. Atty., for plaintiff-appellee. 3 Before DUNIWAY and CARTER, Circuit Judges, and WEIGEL, * District Judge. MEMORANDUM 4 Defendant was convicted in a court trial of the knowing failure to keep his local draft board advised at all times of the address where mail would reach him, in violation of 50 U.S.C. App. § 462 and 32 C.F.R. § 1641.3 (revised as of July 1, 1973, and renumbered 32 C.F.R. § 1641.1 (a)(1)). 5 Defendant registered with his local draft board on February 13, 1970. In April, he returned his classification questionnaire, giving 4274 Toch Street, San Diego, as his home address and his grandmother's name and address in Nahunta, Georgia, as the name and address of the person who would always know his address. 6 On May 30, 1970, defendant moved from 4274 Toch Street, San Diego, to 6451 Salizar Court in the same city.…