Holbrook Thayer Ashton, II v. United States

LAY, Circuit Judge.

Defendant Ashton appeals a judgment of conviction for failure to report for and submit to induction into the Armed Forces of the United States in violation of Tit. 50 U.S.C.App. § 462. We affirm.

Defendant urges that there exists “no basis in fact” for his classification and therefore his failure to exhaust administrative remedies under the Selective Service Act is immaterial. We disagree. Although failure to appeal one’s classification does not preclude a collateral attack in all cases, 1 the exhaus tion rule cannot be lightly discarded by a simple plea of procedural…