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United States v. Brian Alan O'Riley

UNITED STATES of America, Appellee, v. Brian Alan O’RILEY, Appellant

United States v. O'Riley, 459 F.2d 53 (9th Cir. 1972)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
March 8, 1972
Docket
No. 71-2609
Judges
Hamlin, Duniway, Goodwin
Citations
459 F.2d 531972 U.S. App. LEXIS 10876

Opinion — Per Curiam

PER CURIAM:

In this appeal from a conviction under 50 U.S.C. App. § 462 for refusal to submit to induction, the defendant asserts two grounds for voiding his order to report for induction into the Armed Services. Neither ground justifies reversal.

First, the defendant mounts a collateral attack upon the order of call during each of the five months preceding his order. He asserts that the cumulative effect of overcalls in prior months resulted in a distortion in the number of selectees needed during the month in which he was ordered to report. We find no substantive difference between this case and that of the defendant whose conviction was affirmed in United States v. Howells, 452 F.2d 1182 (9th Cir. 1971).

The defendant also asserts that he should not have been called, because *54 he was a student. He became a student after he had received an order to report for induction and after he had requested and received a postponement in order to pay his debts. Reclassification of registrants under such circumstances was not what Congress contemplated in providing for 1-S deferments. McLain v. Selective Service Local Board No. 47, 439 F.2d 737 (8th Cir. 1971).

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1972: 119722026peak 1972 · 1

Relies on it most ⓘ

  1. United States v. Gregg Steven Strayhorn471 F.2d 661 (2d Cir. 1972)

Most recent

  1. United States v. Gregg Steven Strayhorn471 F.2d 661 (2d Cir. 1972)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
McLain v. Selective Serv. Local Bd. No. 47, Etc., 439 F.2d 737 (8th Cir. 1971) 8
United States v. Howells, 452 F.2d 1182 (9th Cir. 1972) 3

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