The judgment of conviction in this selective service case is affirmed.

At issue is the failure to exhaust an administrative remedy: that is the taking of an appeal on the classification.

The tests of Lockhart [Lockhart v. United States, 420 F.2d 1143 (9th Cir. 1969)] require affirmance. We cannot find this case within the exception of Donato v. United States, 302 F.2d 468 (9th Cir. 1962).