United States v. Alan Robert Scialabba

Alan Scialabba appeals his conviction in district court for refusing to submit to induction in violation of 50 U.S.C. App. § 462(a).

Although Scialabba’s original induction date was August 27, 1969, the local board postponed' that date to July 15, "1970, from whence this case arises. Scialabba contends that because this postponement of more than 330 days exceeded the 120 day maximum permitted under 32 C.F.R. § 1632.2(a), 1 his induction order was invalidated. We do not agree.

Following receipt of his induction order on August 14, 1969, Scialabba asked his local board for postponement of his…