United States v. Michael August Polizzi

OPINION OF THE COURT

BIGGS, Circuit Judge.

This is an appeal from a conviction under 50 U.S.C. App. § 462(a) for wil-fully failing to submit to induction into the Armed Forces. The case was tried to the court without a jury and, by stipulation, findings of fact were waived. The following facts, however, can be culled from the record.

The appellant, Michael August Polizzi, registered with his local board on September 7, 1967. He received a deferment while attending college but upon his withdrawal was classified 1-A on November 18, 1970. No appeal was taken from this classification. Polizzi was…