United States v. Ray Austin Bagley

TUTTLE, Circuit Judge:

This post induction Selective Service case presents, once again, the question of whether a draft board’s failure to follow its own regulations constitutes reversible error. Because this court has long adhered to the proposition that “it is of the essence of the validity of board orders and of the crime of disobeying them that all procedural requirements be strictly and faithfully followed, and that a showing of failure to follow them with such strictness and fidelity will invalidate the order of the board and a conviction based thereon,” Olvera v. United States, 223 F.2d…