
    UNITED STATES of America, Plaintiff-Appellee, v. Geoffrey Michael AVERY, Defendant-Appellant.
    No. 72-3716
    Summary Calendar.
    
    United States Court of Appeals, Fifth Circuit.
    March 20, 1973.
    Rehearing and Rehearing En Banc Denied May 8, 1973.
    Gardner W. Beckett, Jr., St. Peters-burg, Fla., for defendant-appellant.
    John L. Briggs, U. S. Atty., Jacksonville, Fla., Claude H. Tison, Jr., Asst. U. S. Atty., Tampa, Fla., for plaintiffappellee.
    Before GEWIN, COLEMAN and MORGAN, Circuit Judges.
    
      
       Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.
    
   PER CURIAM:

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. Peters-burg, Florida, in violation of § 462(a), Title 50 App., United States Code.

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.

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

Consequently, the judgment of the District Court is

Affirmed.  