U.S. v. Jack

Full title: UNITED STATES OF AMERICA, APPELLEE, v. GARY ALFRED JACK, APPELLANT

Court: United States Court of Appeals, Ninth Circuit

Date published: Jan 3, 1972

451 F.2d 1272 (9th Cir. 1972)

Opinion

No. 71-2217.

November 30, 1971. Rehearing Denied January 3, 1972.

David E. Creigh (argued), San Diego, Cal., for appellant.

Harry D. Steward, U.S. Atty., Stephen G. Nelson, Acting Chief, Crim. Div., Thomas M. Coffin, Asst. U.S. Atty., San Diego, Cal., for appellee.

Appeal from the United States District Court for the Southern District of California.

Before KILKENNY and TRASK, Circuit Judges, and GOODWIN, District Judge.^_

_ The Honorable Alfred T. Goodwin, District Judge for the District of Oregon, sitting by designation.

PER CURIAM:

Gary Alfred Jack failed to report for induction after being properly classified and receiving a valid induction order. He was convicted, and appeals.

We find that the local board's decision not to reopen was made in accordance with the provisions of 32 C.F.R. 1625.2. Any prejudice Jack might have suffered in connection with a prior 1-A classification was cured by a subsequent reopening at his request and new classification of 1-A-O. Evans v. United States, 252 F.2d 509 (9th Cir. 1958). His order to report for induction followed his new classification, and was valid.

The judgment is affirmed.