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UNITED STATES v. WEAVER

No. 24448.

423 F.2d 1126 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Dalton Earl WEAVER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 9, 1970.

Attorney(s) appearing for the Case

Lloyd E. McMurray (argued), San Francisco, Cal., for appellant.

Paul G. Sloan (argued), Asst. U. S. Atty., Jerrold M. Ladar, David P. Bancroft, Asst. U. S. Attys., Cecil F. Poole, U. S. Atty., San Francico, Cal., for appellee.

Before DUNIWAY and HUFSTEDLER, Circuit Judges, and PENCE, District Judge.

PER CURIAM:

Appellant Weaver was convicted of refusing to submit to induction into the armed forces in violation of 50 U.S.C. App. § 462. We affirm.

Weaver's contention that the order to report for induction was invalid because it was issued by the clerk of his Local Board rather than by the Local Board itself has already been decided to the contrary by this court:

"* * * where, as here, the registrant's local board has met and placed him in...

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