Roger Dean Clark v. United States

Appellee seeks a rehearing asserting that the decision of the Supreme Court in Witmer v. United States on March 14, 1955, 75 S.Ct. 392 , requires a decision contrary to our previous judgment herein.

We find no resemblance between this case and the Witmer case. The Witmer case, like our cases of White v. United States, 9 Cir., 215 F.2d 782 , and Tomlinson v. United States, 9 Cir., 216 F.2d 12 , was one in which it was clear that the registrar t had been denied a conscientious otjector classification upon the simple determination that he was not sincere. The facts relating to Clark are very different. The record here discloses not only that there was was no determination of insincerity on the part of Clark but the action of the appeal board followed the receipt of erroneous advice from the Department of Justice that in view of registrant’s willingness to use force in self defense, defense of family and fellow church members, and concerning his employment by an establishment which served persons engaged in furthering the military effort, he could not be classified as a conscientious objector.

In Sicurella v. United States, 75 S.Ct. 403, 406 , decided by the Supreme Court at the…