United States v. Randall Scott Adkins

DUNIWAY, Circuit Judge:

I dissent. Had Adkins’ board ordered him to report for induction at its April 19 meeting, I would be inclined to agree with the result reached by the majority. However, it did not do so. I would hold that in this case the board failed to comply with the mandate of 32 C.F.R. § 1631.6(d) (5) to issue an induction order “as soon as practicable” after April 1.

Although the majority is correct in stating that Adkins’ file, the only evidence introduced at his trial, is silent regarding a March meeting of his board, the Government has conceded on this appeal that the board met…