United States v. Steven Allen Foust

MECHEM, District Judge.

Steven Allen Foust was convicted for failure to submit to induction in the Armed Forces of the United States pursuant to 50 U.S.C. App. § 462(a). This appeal was brought to determine whether it was plain error pursuant to Rule 52(b) of the Federal Rules of Criminal Procedure for the district court to take judicial notice of the Selective Service mail regulation, 32 C.F.R. § 1641.3. The argument in essence is that the reading of this section, together with the court’s comments and instructions to the jury created an irrebuttable presumption in violation of the due…