United States v. Denver Gene Richardson

484 F.2d 1046, 1973 U.S. App. LEXIS 7862

Opinions

PER CURIAM:

Richardson appeals from his conviction for failure to report for a physical examination in violation of 50 U.S.C. App. § 462. Trial was to the court, which found Richardson not guilty on a second count of failure to report for induction. We affirm.

Appellant challenges on hearsay grounds the admissibility of a stamped entry, “Failed to Report,” on the minute sheet of his Selective Service file. The entry was admissible under 28 U.S.C. § 1733(a). United States v. Hudson,. 479 F.2d 251 (9th Cir. 1972); United States v. Grans, 472 F.2d 597 (9th Cir. 1972).

Appellant contends that a prima facie showing that his I-A classification was without basis in fact is a defense to a prosecution for failing to report for a preinduction physical examination. The law is to the contrary. In United States v. Heinrich, 470 F.2d 238 (9th Cir. 1972), the court, sitting en banc, held that a prima facie showing by a registrant that he is entitled to a classification other than I-A does not relieve him of the duty to report for a physical examination ordered pursuant to the existing I-A classification.

Richardson also challenges the sufficiency of the evidence to sustain his conviction. Appellant chose not to offer any evidence in his defense. Under these circumstances, with the Selective Service file entry in evidence, the proof was sufficient.