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UNITED STATES v. HARRIS

No. 71-2268.

453 F.2d 862 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen James HARRIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 7, 1972.

Attorney(s) appearing for the Case

Jerry E. Berg, of Collins, Hays, Stewart, Berg, Pott & Sanford, Inc., San Jose, Cal., for defendant-appellant.

James L. Browning, Jr., U.S. Atty., F. Steele Langford, Asst. U.S. Atty. & Chief, Criminal Div., Frederic F. Tilton, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before HAMLEY and HUFSTEDLER, Circuit Judges, and SMITH, District Judge.

RUSSELL E. SMITH, District Judge:

The argument made in support of the appeal is imaginative, but it fails. Appellant following the expiration of a student deferment was classified 1-A late in 1968. In March 1969 he made an application for voluntary induction and in April was ordered to report. He twice failed to report and the indictment followed.

Appellant now claims that his application for a voluntary induction was in fact an offer for a unilateral contract...

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