United States of America, and v. Leslie Robert Malone, And

RUSSELL E. SMITH, District Judge

(concurring):

I concur in the result.

I do not agree that the local board treated defendant badly.

I think that the intent of the state director in issuing the reclassification order is not relevant. Once there has been a conviction for failure to obey a valid administrative order I think an administrative officer is without power for whatever reason to affect the conviction by altering or vacating the order. The statute, not the order, created the offense, and once a valid order was disobeyed then the state was violated and the offense was complete. See United States v. Hark, 320 U.S. 531, 536 , 64 S. Ct. 359 , 88 L.Ed. 290 (1944).