United States v. Henry Joseph Gutierrez

CONTI, District Judge:

Defendant, in this selective service case, was convicted on two counts of failure to report for a preinduction physical.

While classified II-S, near the end of his senior year in college, defendant was ordered to report for a preinduction physical on March 25, 1970. He wrote the draft board that he had an important meeting to attend and failed to report for the physical. He was again ordered to report on August 26, 1970, and again failed to do so.(1) Allocation of Issues between Judge and Jury:

The court held a bifurcated trial, and the only issue (relevant to this appeal)…