United States of America, Plaintiff-appellee, v. Geoffrey Michael Avery, Defendant-appellant

United States Court of Appeals, Fifth Circuit. - 475 F.2d 27

March 20, 1973.Rehearing and Rehearing En Banc Denied May 8, 1973

Gardner W. Beckett, Jr., St. Petersburg, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Claude H. Tison, Jr., Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.

PER CURIAM:

1

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. Petersburg, Florida, in violation of Sec. 462(a), Title 50 App., United States Code.

2

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.

3

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

4

Consequently, the judgment of the District Court is

5

Affirmed.