United States v. Thomas Martin Austin

MULLIGAN, Circuit Judge:

This is an appeal by Thomas Martin Austin from a judgment of the United States District Court for the Eastern District of New York, Hon. Jack B. Weinstein, entered on November 7, 1975 after a trial without a jury, convicting Austin of having failed to keep his local draft board advised of an address where mail would reach him, in violation of 50 U.S.C. App. § 462(a) and then — 32 C.F.R. § 1641.3. Sentence was suspended and Austin was placed on probation under the Youth Corrections Act, 18 U.S.C. § 5010(a).

The appellant was initially charged in a three-count indictment…