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UNITED STATES v. LONGO

No. 26501.

445 F.2d 305 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Steven Patrick LONGO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 9, 1971.

Attorney(s) appearing for the Case

Martha Goldin (argued), Hollywood, Cal., for defendant-appellant.

David Fox, Asst. U. S. Atty., (argued), Robert L. Meyer, U. S. Atty., David R. Nissen, Chief, Crim. Div., John W. Hornbeck, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before BARNES, MERRILL and BROWNING, Circuit Judges.

PER CURIAM:

1. Appellant's I-A classification is not subject to contest here. No appeal from that classification was taken. Appellant was thus under a duty to report for induction in response to the board's original order. See McKart v. United States, 395 U.S. 185, 192-201, 89 S.Ct. 1657, 23 L.Ed.2d 194 (1969).

2. Appellant's appearance four hours late did not constitute compliance with that order. Accordingly he was...

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