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UNITED STATES v. SCIALABBA

No. 72-1570.

465 F.2d 1395 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Alan Robert SCIALABBA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 25, 1972.

Attorney(s) appearing for the Case

Walter Marquette (argued), San Francisco, Cal., for defendant-appellant.

Frederic F. Tilton, Asst. U. S. Atty. (argued), Chester Moore, III, Asst. U. S. Atty., James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before JERTBERG, KOELSCH and TRASK, Circuit Judges.

PER CURIAM:

Alan Scialabba appeals his conviction in district court for refusing to submit to induction in violation of 50 U.S.C. App. § 462(a).

Although Scialabba's original induction date was August 27, 1969, the local board postponed that date to July 15, 1970, from whence this case arises. Scialabba contends that because this postponement of more than 330 days exceeded the 120 day maximum permitted under 32 C.F.R. § 1632.2(a),

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