United States v. Mark Weintraub

J. JOSEPH SMITH, Circuit Judge:

Appellant, a Selective Service registrant, convicted on trial to the court, jury having been waived, in the United States District Court for the Eastern District of New York, S. Hugh Dilliri, Judge, of unlawfully failing and refusing to submit to induction into the Armed Forces of the United States, appeals on the ground that the order for induction was invalid because in violation of the order of call provision of the Act. We find no error and affirm the judgment.

In United States v. Sandbank, 403 F.2d 38 (2 Cir., Oct. 31, 1968) we assumed “arguendo that proof…