United States v. John Thomas Staples

Ninth Circuit

United States v. John Thomas Staples

470 F.2d 993

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 4, 1972

Docket72-1858, 72-1967

StatusPublished

This text of 470 F.2d 993 (United States v. John Thomas Staples) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. John Thomas Staples, 470 F.2d 993 (9th Cir. 1972).

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Opinion

PER CURIAM:

Staples appeals from his conviction of failing to report for induction into the Armed Forces as ordered by his local board, 50 U.S.C. App. § 462, and from an order denying his motion for a new trial. We affirm.

The appeal is on the ground that the board erroneously failed to classify him II-S, as a full time college student. When Staples was classified I-A in February of 1970, the information in his file indicated that he was not eligible for Class II-S. He never thereafter obtained for the board the verification of his status by his college that the board asked him to obtain. Thus his classification was and remained prima, facie correct. He claims that this lack of verification was the fault of the college, not his fault. Be that as it may, there is a fatal defect in his case. At his trial, Staples testified that before he received his order to report for induction he dropped out of college. At that point, he was no longer entitled to Class II-S, assuming that he ever was. He cannot now claim prejudice based upon the board’s failure to classify him II-S.

Affirmed.

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PER CURIAM:

Staples appeals from his conviction of failing to report for induction into the Armed Forces as ordered by his local board, 50 U.S.C. App. § 462, and from an order denying his motion for a new trial. We affirm.

The appeal is on the ground that the board erroneously failed to classify him II-S, as a full time college student. When Staples was classified I-A in February of 1970, the information in his file indicated that he was not eligible for Class II-S. He never thereafter obtained for the board the verification of his status by his college that the board asked him to obtain. Thus his classification was and remained prima, facie correct. He claims that this lack of verification was the fault of the college, not his fault. Be that as it may, there is a fatal defect in his case. At his trial, Staples testified that before he received his order to report for induction he dropped out of college. At that point, he was no longer entitled to Class II-S, assuming that he ever was. He cannot now claim prejudice based upon the board’s failure to classify him II-S.

Affirmed.

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470 F.2d 993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-john-thomas-staples-ca9-1972.