UNITED STATES v. MALATESTA

No. 71-1696.

447 F.2d 1365 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Aldo MALATESTA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 12, 1971.


Attorney(s) appearing for the Case

Paul Mike Goorjian (argued), San Francisco, Cal., for defendant-appellant.

James I. Hazard, Asst. U. S. Atty. (argued), James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before KOELSCH and CHOY, Circuit Judges, and POWELL, District Judge.


PER CURIAM:

Appellant asks that his conviction for failure to submit to induction be set aside because (1) 204 days elapsed between his first order to report and the final date when his refusal resulted in prosecution, and (2) the board should have reopened his classification as he made out a prima facie case for 1-Y classification.

His first claim is that the board is permitted extensions of only 120 days from the original order and if the extension is beyond...

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