UNITED STATES v. O'RILEY

No. 71-2609.

459 F.2d 53 (1972)

UNITED STATES of America, Appellee, v. Brian Alan O'RILEY, Appellant.

United States Court of Appeals, Ninth Circuit.

March 8, 1972.


Attorney(s) appearing for the Case

Neil F. Horton (argued), of Johnston, Klein, Horton & Solomon, Oakland, Cal., for appellant.

Michael W. Field, Asst. U. S. Atty. (argued), F. Steele Langford, Asst. U. S. Atty., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for appellee.

Before HAMLIN, DUNIWAY, and GOODWIN, Circuit Judges.


PER CURIAM:

In this appeal from a conviction under 50 U.S.C. App. § 462 for refusal to submit to induction, the defendant asserts two grounds for voiding his order to report for induction into the Armed Services. Neither ground justifies reversal.

First, the defendant mounts a collateral attack upon the order of call during each of the five months preceding his order. He asserts that the cumulative effect of overcalls in prior months resulted in a distortion...

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