United States v. Brian Alan O'Riley

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…