UNITED STATES v. EKLUND

No. 82-2505.

733 F.2d 1287 (1984)

UNITED STATES of America, Appellee, v. Gary John EKLUND, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 4, 1984.


Attorney(s) appearing for the Case

Richard C. Turner, U.S. Atty., Joseph S. Beck, Asst. U.S. Atty., S.D. Iowa, Des Moines, Iowa, Stephen L. Hiyama, Atty., Gen. Litigation and Legal Advice Section, Crim. Div., Dept. of Justice, Washington, D.C., for appellee.

Mark W. Bennett, Staff Counsel, Iowa Civil Liberties Union, Des Moines, Iowa, Charles S. Sims, American Civil Liberties Union Foundation, New York City, Peter M. Shane, Cooperating Atty., Iowa Civil Liberties Union, Iowa City, Iowa, David E. Landau, American Civil Liberties Union Foundation, Washington, D.C., for appellant.

Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG and BOWMAN, Circuit Judges, en banc.


FAGG, Circuit Judge.

Gary John Eklund was convicted by a jury of willfully failing to register with the Selective Service System in violation of 50 U.S.C. app. §§ 453(a) and 462(a) and sentenced to imprisonment for two years. On appeal Eklund contends that the district court committed error in holding that his failure to register was not a completed offense at the expiration of the six-day registration period specified by Presidential Proclamation 4771,...

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