United States of America, Plaintiff-appellee, v. Craig Phillip Coleman, Defendant-appellant, 453 F.2d 1374 (9th Cir. 1972)
Annotate this CaseGerard J. Glass (argued), Michael H. Weiss, of Hansen, Jaffe & Weiss, San Francisco, Cal., for defendant-appellant.
John F. Cooney, Jr., Asst. U. S. Atty. (argued), James L. Browning, Jr., U. S. Atty., F. Steele Langford, Chief, Criminal Division, San Francisco, Cal., for plaintiff-appellee.
Before CHAMBERS, Circuit Judge, MADDEN,* Judge of the United States Court of Claims, and TRASK, Circuit Judge.
PER CURIAM:
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).
J. Warren Madden, Senior Judge of the United States Court of Claims, sitting by designation
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