Can a failure to comply with a government regulation be a defense to a subsequent failure to submit to induction?

MultiRegion, United States of America

The following excerpt is from United States v. DeHerrera, 492 F.2d 265 (9th Cir. 1974):

We have held that the government must comply with its own regulations and that prejudicial noncompliance can be a defense to a subsequent failure to submit to induction. In United States v. Brown, 438 F.2d 1115 (9th Cir. 1971), we held that the failure of the AFEES personnel to comply with an army regulation requiring that the registrant be examined with his clothes off at the time of his induction was prejudicial to the defendant and, therefore, required a reversal of his conviction for refusing to submit to induction. We stated that if the AFEES personnel had complied with the regulation they would have found that the registrant was unfit for military service and, consequently, he would have had no duty to submit to induction.

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