Toussie v. United States, 397 U.S. 112 (1970)

Toussie v. United States

No. 441

Argued January 14, 1970
Decided March 2, 1970
397 U.S. 112

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

Petitioner, who was required to register for the draft between June 23 (his 18th birthday) and June 28, 1959, in accordance with a presidential proclamation issued pursuant to § 3 of the Universal Military Training and Service Act, did not register at. any time. Section 3 make it

the duty of every male citizen . . . who, on the day or days fixed for the first or any subsequent registration, is between the ages of eighteen and twenty-six, to present himself for and submit to registration

at the time and place and in such manner "as shall be determined by proclamation of the President and by rules and regulations prescribed thereunder." Petitioner was indicted in May, 1967, for failing to register, and was convicted. The District Court held that the Act imposes a continuing duty to register which lasts until age 26, and thus the prosecution was not barred by the five-year statute of limitations in 18 U.S.C. § 3282. The Court of Appeals affirmed.

Held: The offense is not a continuing one, but was committed by petitioner’s failure to register in 1959, when the statute of limitations began to run. P. 114-124.

410 F.2d 1156, reversed.