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UNITED STATES v. YINGLING

February 21, 1974

UNITED STATES of America
v.
Patrick Ross YINGLING



The opinion of the court was delivered by: SNYDER

 SNYDER, District Judge.

 The Defendant, Patrick Ross Yingling, is charged in a one count indictment with a violation of 50 U.S.C. Appendix Section 462(a) *fn1" for failing "to keep his local board informed as to his current address and changes in status as required by such rules and regulations as may be prescribed by the President." (50 U.S.C. Appendix § 465(b)). Numerous Pre-trial Discovery Motions were filed by the Defendant together with a Motion to Dismiss. The Government turned over to the Defendant all of the relevant matters sought in his Discovery Motions and this Court on December 20, 1973 entered an Order denying the Defendant's Motion to Dismiss, D.C., 368 F. Supp. 379. This matter then came before this Court for a Non-Jury Trial and this Court adjudges the Defendant guilty as charged.

 FINDINGS OF FACT

 1. The Defendant registered with Local Board No. 48 located at 19 South Third Street, Clearfield, Pennsylvania, on May 15, 1968, in conformity with his responsibilities under the Selective Service Act.

 2. On his Registration Form, Defendant listed his address as R.D. #1, Box 82 (Burnside Township), Cherry Tree, Clearfield County, Pennsylvania 15724.

 3. The Local Board sent to the Defendant his Classification Questionnaire on July 10, 1968; prior to this the Defendant on June 25, 1968 had sent a letter to Local Board No. 48 stating that a change of address had occurred and all relevant Selective Service matters should be sent to Room 401, Y.M.C.A., 201 East Church Street, Elmira, New York 14902. Evidently, the correction had not been made since the Classification Questionnaire was sent to the Cherry Tree address and returned to the Local Board unopened.

 4. The Defendant by way of another letter received by the Local Board on July 29, 1968, again brought the change of address to their attention; the Local Board by way of a return letter acknowledged receipt of the Defendant's letter, took note of the change of address and sent another Classification Questionnaire to the Elmira address to be filled out by the Defendant.

 5. The Defendant completed and returned his Classification Questionnaire; it was received by Local Board No. 48 on August 2, 1968. On his Questionnaire the Defendant listed his current mailing address as Central Y.M.C.A., Elmira, New York 14902.

 6. In completing his Classification Questionnaire, the Defendant on Page 6 wrote the following:

 
"I begin college as a freshman at PSU on Sept. 15, 1968. At that time I shall have the student deferment form sent to you and will also notify you of a change in address. (Emphasis supplied)

 7. On July 18, 1969, the Defendant was sent an order to report for a physical examination; this was returned to the Local Board on July 24, 1969 with the handwritten statement "not at Y.M.C.A."

 8. A later notice was then sent to the Cherry Tree address; it was returned by the Defendant's Father on August 11, 1969. He told the Local Board that he did not know where his son was and gave two pictures of his son to the Local Board if his son would be turned over to the F.B.I.

 9. The Local Board then declared the Defendant delinquent and a Delinquency Notice for failing to report for his Armed Forces physical examination was sent to the Elmira address. This was returned to the Local ...


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