U.S. Court of Appeals for the Ninth Circuit, 1972

United States v. James Phelps Miller

United States v. James Phelps Miller
U.S. Court of Appeals for the Ninth Circuit · Decided June 1, 1972 · Barnes, Goodwin, Per Curiam, Schnacke
460 F.2d 293 (Federal Reporter, Second Series)

United States v. James Phelps Miller

Opinion

PER CURIAM:

James Phelps Miller was convicted of violating 50 U.S.C.App. § 462 by refusing to be inducted into the Armed Forces. His collateral attack on the. order of induction was rejected by the District Court. We affirm.

The asserted defect in the induction order was that it was 147 days old on the day Miller decided to refuse induction. His reliance upon our decisions allowing collateral attacks upon stale induction orders in cases of unreasonable delay caused by the government is misplaced. Any delay beyond 120 days in bringing Miller to the point of induction and refusal was of his own design. His letters to members of Congress and other attempts to upset his physical classification were all part of his own delaying action. Since the delay was not chargeable to the government, we need not decide whether Miller or the government correctly calculated the time.

Affirmed.

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