UNITED STATES v. BLAKELY

No. 24278.

424 F.2d 1043 (1970)

UNITED STATES of America, Appellee, v. Barry Lee BLAKELY, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 29, 1970.


Attorney(s) appearing for the Case

J. B. Tietz (argued), Los Angeles, Cal., for appellant.

Edward J. Wallin (argued), Asst. U. S. Atty., Wm. Matthew Byrne, U. S. Atty., Los Angeles, Cal., for appellee.

Before TUTTLE, ELY, and KILKENNY, Circuit Judges.


ELY, Circuit Judge.

Convicted of having refused to submit to induction under the Universal Military Training Act, 50 U.S.C. App. § 462, Blakely appeals.

After having registered with his Local Board, Blakely was, on June 6, 1967, classified I-A, eligible for military service. Shortly thereafter, he was notified of his classification and of his right to appeal the Local Board's decision. He did not choose to appeal and thereafter, having complied with the...

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