United States America v. Sean Timothy

Defendant was convicted of refusing to submit to induction into the armed forces in violation of 50 U.S.C. App. § 462. We
affirm. Defendant's sole contention on appeal is that the order to report for induction was invalid because it was signed by the
local board clerk and there was no evidence that the local board actually selected and ordered the defendant to report for
induction in accordance with Selective Service Regulation 32 C.F.R. § 1631.7.* In United States v. Baker, 416 F.2d 202 (9th
Cir. Sept. 17, 1969), this court dealt with a virtually identical argument. We pointed out that although section 1631.7 "does
suggest the need for a post-call meeting of a board, * * * an order of the Board contingent upon a later call is valid and
that such an order may be implied from the action of a board in classifying a registrant I-A." 416 F.2d at 204.