UNITED STATES v. ADKINS

No. 72-2336.

474 F.2d 381 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Randall Scott ADKINS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 5, 1973.


Attorney(s) appearing for the Case

Don H. Marmaduke (argued), of Marmaduke, Aschenbrenner, Merten & Saltveit, Portland, Or., for defendant-appellant.

D. Richard Hammersley, Asst. U. S. Atty. (argued), Joseph E. Buley, Asst. U. S. Atty., S. I. Lezak, U. S. Atty., for plaintiff-appellee.

Before HAMLIN and DUNIWAY, Circuit Judges, and JAMESON, District Judge.


JAMESON, District Judge:

Randall Scott Adkins appeals his conviction by the court sitting without a jury of failing to submit to induction in violation of 50 U.S.C.App. § 462. The sole issue is whether his local board violated Selective Service Regulations dealing with the Extended Priority Selection Group (32 C.F.R. § 1631.6(d)(5)) in ordering his induction after April 1, 1971.1

Adkins was classified II-S from December...

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