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UNITED STATES v. CARRILLO

No. 72-2182.

497 F.2d 559 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Raul Robert CARRILLO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing June 10, 1974.

Attorney(s) appearing for the Case

David M. Rothman (argued), Beverly Hills, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Lawrence W. Campbell, Terry W. Bird, Asst. U. S. Attys. (argued), Los Angeles, Cal., for plaintiff-appellee.

Before HUFSTEDLER and GOODWIN, Circuit Judges, and SKOPIL, District Judge.

OPINION

HUFSTEDLER, Circuit Judge:

We reverse Carrillo's conviction for failure to report for induction (50 U.S. C. App. § 462), because the order to report did not create a continuing duty to report after the expiration of the selective service law pursuant to which the order was issued.

On March 12, 1971, Carrillo was ordered to report for induction on March 24, 1971. He did not report. He was not indicted for that failure. Nor was any further...

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