Furman

MEMORANDUM AND ORDER

Defendant was found guilty of refusing to submit to induction by a jury, and his motion for acquittal was submitted on written briefs. William R. Allen, Assistant U. S. Attorney, appeared for the Government; William T. Riehert, Esq., appeared for defendant.

Defendant’s motion is based on illegal call and no basis in fact for his classification.

Defendant cites Crowley v. Pierce, 4 S.S.L.R. 3118 (M.D.Florida 1971) as the basis of illegal call, arguing that since his appeal from his 1-A classification was pending on December 31, 1970, defendant was not in 1-A or any other classification on December 31, 1970.

*314 Here, defendant has been in 1-A since December 10, 1969, and although the appeal board did not act upon his appeal until January 7, 1971, he remained in 1-A until changed to another classification. Thus he was in 1-A on December 31, 1970, and was properly placed in the extended priority group as he met all the other requirements.

Defendant urges “no basis in fact” for denial of C.O. claim.

Although the appeal board did not state its reasons for retaining defendant in 1-A, its reasons can be determined from the agency record with reasonable…