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UNITED STATES v. BEAN

No. 72-1152.

461 F.2d 664 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Douglas George BEAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 1, 1972.

Attorney(s) appearing for the Case

Jerry Berg (argued), formerly of Collins, Hays, Stewart, Berg, Pott & Sanford, Inc., San Jose, Cal., for defendant-appellant.

John F. Cooney, Jr., Asst. U. S. Atty. (argued), Robert Carey, Asst. U. S. Atty., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before BARNES, ELY, and GOODWIN, Circuit Judges.

ALFRED T. GOODWIN, Judge:

Douglas George Bean was convicted for refusing to submit to induction, in violation of 50 U.S.C. App. § 462(a). His appeal asserts that the order to report for induction was void because it was mailed early.

Bean was born on October 16, 1951, and was classified I-A by his local board on July 14, 1970. On January 1, 1971, Bean became available for induction as a member of the First Priority...

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