United States v. Asa John Berger

Convicted of refusing to submit to induction into the Armed Forces of the United States (50 U.S.C. App. § 462), Berger appeals. We affirm. We have ruled against each of his contentions in previous decisions.

1. The members of his local board were all residents of the county, as required by 50 U.S.C. App. § 460(b) (3). However, two of the three resided outside the area in which the board had jurisdiction. 32 C.F.R. § 1604.52. We have held that the regulation is directory, not mandatory. United States v. Reeb, 9 Cir., 1970, 433 F.2d 381; United States v. Wallace, 9 Cir., 1970, 435 F.2d 12.

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