Geoffrey Michael Avery was convicted of knowingly and wilfully failing and refusing to perform a duty required of him by law, that is, he failed and refused to report to Local Board #30, St. Peters-burg, Florida, in violation of § 462(a), Title 50 App., United States Code.

The appellant now claims that although he made no effort of any kind whatever to assert such a status he should have been entitled to a conscientious objector classification.

The appeal falls squarely within the decision of this Court in United States v. Taylor, 5 Cir., 1971, 448 F.2d 349.

Consequently, the judgment of the District Court is

Affirmed.