Frank Rodriguez v. United States

DUFFY, Senior Circuit Judge.

Defendant was convicted of violating Title 50 U.S.C. App. § 462 for failure to submit to induction on May 5, 1970.

On June 28, 1967, defendant was classified I-A by his Local Board. He also was informed of the name of the Government Appeal Agent, one Stanton. Defendant did not appeal his classification. On June 14, 1968, defendant was ordered to report for a physical examination but he could not appear because he was, at that time, serving a six months’ term for the sale of narcotics.

During his incarceration, defendant was reclassified I-Y. On April 11, 1969,…