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UNITED STATES v. BOWEN

No. 72-2041.

467 F.2d 470 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Burdick BOWEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 29, 1972.

Attorney(s) appearing for the Case

Lee Davis Kell (argued), of Kell & Alterman, Portland, Or., for defendant-appellant.

Joseph E. Buley, Asst. U.S. Atty. (argued), Donald H. Upjohn, Sp. Asst. U.S. Atty., Sidney I. Lezak, U.S. Atty., Portland, Or., for plaintiff-appellee.

Before WRIGHT and CHOY, Circuit Judges, and LINDBERG, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Appellant refused induction into the armed forces, was indicted and found guilty of a violation of 50 U.S.C. App. § 462. On this appeal, the sole issue is whether his local board violated Selective Service Regulations [32 C.F.R. § 1631.7(d) (5)] in issuing the order to report. The regulation, set forth in the margin,1 deals with the Extended Priority Selection Group (EPSG).

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