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UNITED STATES v. RYBA

No. 19249.

441 F.2d 1137 (1971)

UNITED STATES of America v. Roman Stanislaw RYBA, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 23, 1971.

Attorney(s) appearing for the Case

Emil Oxfeld, Rothbard, Harris & Oxfeld, Newark, N. J., for appellant.

W. Hunt Dumont, Asst. U. S. Atty., Newark, N. J., Frederick B. Lacey, U. S. Atty., Newark, N. J., for appellee.

Before HASTIE, Chief Judge, and FREEDMAN and GIBBONS, Circuit Judges.

OPINION OF THE COURT

HASTIE, Chief Judge.

The appellant, an alien and a selective service registrant, has been convicted of willful failure to report for induction into military service. His principal contention on this appeal is that he was improperly denied the right, given by statute to aliens other than those admitted for permanent residence, to elect whether he shall submit to or be relieved of the obligation of service in the armed forces.

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